UC-NRLF 


. 


W.  M .  Titus 


THE 


LIFE 


OF 


WILLIAM  H.  SEWARD 


WITH 


SELECTIONS  FROM  HIS  WORKS 


EDITED     BY 


GEORGE   E.  BAKEU 

II  .V 


goto  Oration 

WITH  ADDITIONS,  BEOUGHT  DOWN  TO  DATE 


REDFIELD 

34      B  E E K M  A  N      STREET 
1860 


E415 


Entered,  according  to  Act  of  Congress,  in  the  year  1860, 

BIT  J.  S.  REDFIELD, 

In  the  Clerk's  Office  of  the  District  Court  of  the  United  States,  in  and  for  the  Southern 
District  of  New  York. 


STEREOTYPED    BY   C.   C.   8AVA  ;£, 
13  Chamber*  Street,  N.  T. 


PREFACE. 


BIOGRAPHIES  of  men  eminent  for  useful  services  to  mankind  require  no 
apology.  The  world  would  hare  been  far  richer  in  noble  influences,  if  it  had 
been  oftener  made  familiar  with  the  history  of  living  great  men  ;  for  of 
living  eminence,  it  has  been  said,  we  cannot  know  too  minutely  or  too  much. 
The  story  of  every  man  who  has  accomplished  a  worthy  work  in  himself,  goes 
to  inspire  other  men,  and  to  ennoble  our  common  manhood. 

The  Memoir  which  follows,  though  written  with  heartfelt  admiration  of  the 
subject,  has  constantly  aimed  to  avoid  indiscriminate  eulogy,  and  to  present 
a  simple  but  complete  record  of  Mr.  Seward's  life. 

His  Life  is  the  Political  History  of  the  Country.  Both,  at  the  present 
time,  especially  claim  the  attention  and  study  of  the  American  People. 

A  considerable  portion  of  the  volume  has  been  appropriated  to  selections 
from  Mr.  Seward's  speeches  and  writings.  Among  these  SELECTIONS  will 
be  found  extracts  from  his  Addresses  and  Orations,  his  Executive  Mes 
sages,  his  Forensic  Arguments,  and  his  Speeches  in  the  United  States 
Senate.  These  extracts,  for  greater  convenience,  have  been  arranged  under 
the  following  heads:  INTERNAL  IMPROVEMENTS,  EDUCATION,  FREEDOM,  COM 
MERGE,  MISCELLANEOUS. 

Room  has  been  made,  also,  for  Mr.  Seward's  Oration  at  Columbus,  on 
the  "Destiny  of  America,"  for  his  two  Speeches  in  the  Senate  on  the 
"  Nebraska  Question,"  and  for  his  last  great  Speech  on  the  "  Admission  of 
Kansas,"  or  "  The  State  of  the  Country,"  entire.  They  were  deemed  too 
important  to  be  omitted  or  abridged.  A  number  of  extracts,  of  especial 
interest,  and  of  considerable  length,  it  will  be  observed,  have  been  included 


M176661 


4  PREFACE. 

in  the  Memoir  ;  among  Which  are  several  Arguments  at  the  bar,  on  Inven 
tion,  on  the  Fugitive-Slave  Law,  in  defence  of  William  Freeman,  and  of 
Abel  F.  Fitch  and  others  ;  the  Speech  at  Cleveland,  on  the  relative  position 
of  parties  on  the  Slavery  question  ;  the  vindication  of  John  Quincy  Adams  ; 
the  Eulogium  on  James  Tallmadge  ;  and  the  "  Irrepressible  Conflict." 

Among  the  selections,  also,  the  following  may  be  particularly  referred  to 
as  especially  interesting,  and  therefore  quoted  at  more  than  usual  length  : 
Address  at  Springfield,  Mass.,  on  the  completion  of  the  Western  Railroad  ; 
Annual  Messages  relating  to  the  Education  of  the  Children  of  Exiles  ; 
Address  at  Yale  College,  on  the  American  People,  their  Moral,  Intellectual, 
and  Physical  Development  ;  Argument  in  the  Freeman  Case,  on  Insanity  ; 
and  Address  before  the  American  Institute,  on  the  True  Basis  of  American 
Independence. 

Recent  events  have  given  great  interest  and  significance  to  many  of  Mr. 
Seward's  Speeches.  The  prophetic  warnings  which  abound  in  his  Speeches 
on  the  Compromise  Acts  of  1850,  appear  now  like  sober  history.  Whoever 
•will  compare  his  Speeches  on  the  Abrogation  of  the  Missouri  Compromise  in 
1853,  and  on  the  Admission  of  Kansas  in  1857-'60,  with  those  of  1850,  and 
also  with  his  earliest  productions,  can  hardly  fail  to  award  him  the  praise 
of  consistency  with  himself,  whatever  judgment  may  be  passed  upon  the 
principles  he  has  so  faithfully  defended.  And,  while  all  may  not  be  ready 
to  allow  that  no  errors  have  occurred  in  his  public  life,  few  w[ll  contend  that 
any  motive  inconsistent  with  the  highest  regard  for  the  interests  of  Human 
Nature,  or  the  honor^of  his  country,  has  ever  influenced  him.  It  may  be,  as 
Mr.  Seward  himself  has  remarked,  that  in  seeking  to  perfect  the  diffusion 
of  knowledge  —  in  desiring  to  raise  from  degradation  less  favored  classes, 
depressed  by  unequal  laws  —  or  in  aiming  to  carry  into  remote  or  sequestered 

jgions  the  physical  and  commercial  advantages  enjoyed  by  more  favored 
districts,  he  has  urged  too  earnestly  what  seemed  to  him  to  be  the  claims  of 
^humanity,  justice,  and  equity.  But,  while  the  verdict  is  not  to  be  locked 
-for  in  the  passing  hour,  it  is  very  manifest  that  a  generous  appreciation  has 
hitherto  met  all  his  efforts,  from  a  large  and  steadily-increasing  portion  of 
his  fellow-citizens.  To  such  we  trust  this  volume  will  not  be  unwelcome. 


,  1860. 


CONTENTS. 


CONTENTS   OF   THE   MEMOIR. 

CHAPTER  I. 

THE  SEWARD  FAMILY. — John  Seward. — Revolutionary  Anecdote. — 
Samuel  S.  Seward.— The  S.  S.  Seward  Institute.— The  Mother  of 
William  H.  Seward. —  Irish  Lineage. —  Ireland  and  Irishmen. .  .PAGE  18 

CHAPTER  II. 

WILLIAM  HENRY  SEWARD.  —  Birthplace. — Boyhood.  —  School-Days.— 
His  Father's  Slave. — Orange  County. —  Goshen. — Warwick. —  Flor 
ida. —  Settlement. —  Scenery. —  George,  James,  and  De  Witt  Clinton. 

—  Anecdotes. — Farmer's  Hall  Academy. —  Aaron  Burr. —  Noah  Web 
ster. —  Young  Seward  enters  Union  College  at  Fifteen 17 

CHAPTER  III. 

His  College  Life. — Characteristics. — Favorite  Studies. — Visits  the  South. 

—  Becomes  a  Teacher. — Slavery. —  Anecdotes. — The  Slave  and  the 
Blind  Horse. — The  Slave  Mother. —  Return  to  College. — The  Adel- 
phic,   Philomathean,  and    Delphian   Societies. —  Exciting  Contests. — 
Triumph  of  Seward. —  Orator  of  the  Adelphic  Society. —  Graduates. 
— William  Kent. — Dr.  Hickok. —  Professor  Lewis. —  Seward  appoint 
ed  to  address  Daniel  D.  Tompkins. —  His  Relations  with  Dr.  Nott 
and  his  College  Companions 20 

CHAPTER  IV. 

Enters  the  Law-Office  of  John  Anthon  as  a  Student, —  Completes  his 
Studies  with  John  Duer  and  Ogden  Hoffman. —  Admitted  to  the 
Bar. —  Removes  to  Auburn. —  Associated  with  Judge  Miller. —  Mar 
riage. —  Children. —  Auburn,  its  Characteristics. —  Mr.  Seward's  Re 
ligious  Principles. —  His  Early  Devotion  to  Public  Improvement. — 
Character  as  a  Lawyer. — John  C.  Spencer. — Joshua  A.  Spencer. — 
Albert  H.  Tracy.— John  M.  Hulbert.— William  M.  Brown.— Mr. 
Seward's  Success  at  the  Bar 25 


O  CONTENTS. 

CHAPTER  V. 

His  Political  Predilections. — His  Father  an  ardent  Democrat. — The 
Leaders  of  the  Democratic  Party  unfaithful  to  Freedom. — Mr.  Sew- 
ard  takes  Ground  against  Slavery. —  His  Views  and  Course. — His 
Views  of  the  Albany  Regency  in  1824. —  Delivers  an  Oral  ion  July  4, 
1825. —  His  Position  then  on  Important  Questions. —  Oration  for 
Greece. —  Eulogy  on  David  Berdan. — Young  Men's  Convention. — 
Mr.  Seward  presides. — Favorable  Impressions  excited. — John  Q. 
Adams  and  General  Jackson. —  Anti-Masonic  Excitement. —  Mr.  Sew 
ard  nominated  for  Congress  in  1828. —  Declines. —  Supports  the  Na 
tional  Republican  Party. —  Nominated  for  the  State  Senate. — Elected  29 

CHAPTER  VI. 

Mr.  Seward  enters  the  Senate  of  New  York. —  Circumstances. — His 
Position  and  Course. —  His  Maiden  Speech. —  Militia  Reforms. —  In 
ternal  Improvements. —  Imprisonment  for  Debt. —  Universal  Educa 
tion. —  Elections  by  the  People. — The  United  States  Bank. —  Prison 
for  Females. — Erie  Railroad. —  Origin  of  the  Whig  Party. —  Banking. 

—  Prison  Reform. —  Corporations 84 

CHAPTER  VII. 

Presidential  Election,  1832. —  Clay  and  Wirt. — Mr.  Seward's  Course. — 
Visits  Europe. —  Letters  from  Europe. —  Returns  and  resumes  his 
Seat  in  the  Senate. — Speech  on  the  Removal  of  the  Deposites. —  Gov 
ernor  Marcy's  Loan  Law. — The  Court  of  Errors. —  Mr.  Seward  as  a 
Judge. —  His  Eulogium  on  Lafayette 40 

CHAPTER  VIII. 

Nominated  for  Governor,  1834. —  Defeated. —  His  large  Vote. —  Deliv 
ers  an  Address  on  Education  and  Internal  Improvements  at  Auburn. 

—  Appointed  Agentof  the  Holland  Land  Company. —  Delivers  a  Dis 
course  on  Education  at  Westfield,  Chautauque  County,  July,  1837. 
— Triumph    of  the  Whigs. —  New  York    and   Erie    Railroad. — Mr. 
Seward's  Efforts  in  its  Behalf. — Second  Nomination  for  Governor, 
1838. —  Circumstances  of  the   Canvass. — Elected  Governor. —  Com 
plete  Success  of  the  Whigs,  and  Overthrow  of  the  Regency 4ft 

CHAPTER  IX. 

Mr.  Seward  the  First  Whig  Governor  of  New  York. —  Peculiar  Circum 
stances. —  Mr.  Seward's  Course  and  Measures. —  His  Devotion  to  Im 
provements  and  Reforms. — Agriculture. —  Education. — The  School 
Controversy. —  Immigrant?. —  Law  Reform. —  Decentralization  of  the 
Regency  Power. — Reforms  in  the  Banking  System. — Small-Bill  Law. 

—  Geological  Survey. —  Notes  on  New  York. —  Abolition  of  Impris 
onment  for  Debt 52 


CONTENTS.  7 

CHAPTER  X. 

Governor  Seward's  Course  in  the  Anti-Rent  Difficulties. — Vindication 
by  the  Court  of  Appeals. —  Militia  Reforms. — Election  Laws. — Veto 
of  the  Registry  Act  suppressed. —  Disturbances  in  Canada. —  The 
M'Leod  Case. —  General  Harrison. — -Mr.  Webster. — Mr.  Crittenden. 
—Mr.  Fox.— Mr.  Van  Buren.— Willis  Hall.— John  Tyler.— Mr. 
Seward's  Firmness  and  Wisdom  illustrated 60 

CHAPTER  XL 

Governor  Seward  and  the  Canals. — The  Enlargement  Question. —  Re 
port  of  S.  B.  Ruggles. —  Mr.  Flagg's  Policy. — The  State  Debt. — 
Financial  Crisis. — Erroneous  Estimates  by  the  Canal  Commissioners 
discovered. — A  General  Panic. —  Suspension  of  the  Public  Works. — 
Governor  Seward's  Course. —  Resumption  of  the  Public  Works. —  His 
Policy  vindicated  and  re-established  in  1854. —  Railroads:  New 
York  and  Erie;  Hudson  River;  Pacific. —  Governor  Seward's  Plans 
on  the  Eve  of  Completion 68 

CHAPTER  XII. 

Governor  Seward's  Exercise  of  the  Pardoning  Power. —  Pardon  Cases. 
— The  Insane  Murderer. — Female  Convicts. — Juvenile  Delinquents. 

—  Benjamin    Rathbun. —  John    C.   Colt. —  Catherine  Wilkin*. — The 
Slaveholder. — James  Watson  Webb  and  Thomas  F.  Marshall. — The 
Veto   Power. —  Cases. — Madame   D'Hauteville. — Thurlow   Weed. — 
The  Registry  Act. —  Suspension  of  Public  Works. — Refusal  of  the 
Legislature  to  receive  Governor  Seward's  Messages  76 

CHAPTER  XIII. 

Governor  Seward's  Course  on  Questions  relating  to  Slavery. — Repeal 
of  the  Nine-Months  Law. — The  Lemmon  Case. — Jury  Trial  for  Fugi 
tive  Slaves, — State  Officers  prohibited  from  assisting  in  Arrest  of 
Fugitive  Slaves. —  Recovery  of  Kidnapped  Negroes. — Solomon  Nor 
throp. —  African  Suffrage. — The  Virginia  Controversy. —  Extraordin- 
arv  Proceedings. —  Imprisonment  of  Colored  Men  in  Slave  States. — 
Governor  Seward's  Course. —  Resolves  to  decline  a  Re-Election. — 
General  Harrison's  Election  in  1840. — Mr.  Clay's  Nomination  in  1844. 

—  Governor  Sewai-d's  View. —  Annexation   of  Texas. — Increase  of 
Anti-Slavery  Votes. —  Defeat  of  the  Whigs. — Luther  Bradish. —  Gov 
ernor  Bouck. —  Close  of  Governor  Seward's  Second  Term 82 

CHAPTER  XIV. 

Mr.  Seward  in  Private  Life. —  Receives  John  Quincy  Adams  at  Auburn. 

—  Their  Intimate  Relations. —  Death  of  John  Quincy  Adams. —  Mr. 
Seward's  Eulogy. —  Address  at  Union  College  in   1843. —  Repeated 


8  CONTENTS. 

at  Amherst —  Mr.  Seward  as  an  Advocate. —  Practice  at  the  Bar. — 
United  States  Courts. — Patent  Causes. —  Invention. — Extract  from 
Argument. —  Criminal  Cases. —  Liberty  of  the  Press. —  Cooper  vs. 
Greeley.  —  Capital  Trial  at  Cooperstown. — Fugitive  Slave  Trial  — 
Extract  from  Argument — Eulogy  on  O'Connell. —  Extract 90 

CHAPTER  XV. 

The  "Wyatt  and  Freeman  Cases. —  Massacre  of  the  Van  Nest  Family. — 
Extraordinary  Excitement — Conviction  of  Wyatt — Trial  of  Free 
man. —  Unprecedented  Proceedings. — John  Van  Buren. —  Mr.  Sew- 
ard's  Defence  of  Wyatt  and  Freeman. —  Scenes  in  Court. —  Popular 
Feeling. — Denunciations  of  the  Press. — The  Verdict. —  Extract  from 
Mr.  Seward's  Argument — Sentence  of  Freeman. — Strange  Scene. — 
Mr.  Seward's  Bill  of  Exceptions. —  New  Trial  granted. —  Death  of 
Freeman. —  Change  in  Public  Opinion. —  Review  of  the  Case 99 

CHAPTER  XVI. 

The  Trial  of  Abel  F.  Fitch  and  Others  for  Conspiracy  at  Detroit  in  1851. 

—  Fifty  Pel-sons  indicted. —  Michigan  Central  Railroad  Company. — 
Mr.  Seward's  Defence. —  Extract  from  his  Argument — Character  of 
Mr.  Seward's  Professional  Labors. —  Liberty  of  the  Press. —  Fugitive 
Slave  Law. —  Rights  of  Inventors. —  His  Views  of  Libel-Suits 115 

CHAPTER  XVII. 

Mr.  Seward  recalled  to  Public  Life. — Retrospect. — Organization  of  the 
Native  American  Party. —  Burning  of  Catholic  Churches. —  Mr.  Sew 
ard's  Course. —  Henry  Clay. —  Annexation  of  Texas. —  War  with  Mex 
ico. —  The  Oregon  Question. — Hunkers  and  Barnburners. —  Constitu 
tional  Convention,  1846. —  Mr.  Seward's  Views. —  Internal  Improve 
ments. — Right  of  Suffrage. — Decentralization. —  Presidential  Election, 
1848. —  General  Taylor. — The  Canvass. —  Mr.  Seward's  Speeches. — 
His  Speech  at  Cleveland.— Extract— The  Whig  Platform  in  1848.— 
Freedom  and  Slavery. — Speeches  in  Massachusetts,  Pennsylvania, 
and  New  York.— General  Taylor,  Mr.  Clay,  and  Mr.  Webster.— Mr. 
Seward's  Estimate  of  the  Presidency 120 

CHAPTER  XVIII. 

President  Taylor. — Mr.  Seward  elected  Senator. — Visits  Washington. 

—  Effort  for  Freedom. —  His  Relations  with  General  Taylor. —  Cali 
fornia. —  New   Mexico. — The    Higher   Law. — The    Compromise. — 
Freedom  in  District  of  Columbia. — French  Spoliations. — The  Public 
Lands. —  Kossuth. — Smith  O'Brien. — Thomas  F.  Meagher. — Freedom 
in  Europe. —  American  Steam  Navigation. — Survey  of  the  Arctic  and 
Pacific  Ocean. — American    Fisheries. —  Visit  to  Vermont — Agricul 
tural  Address. — Extract — Visit  to  Canada. —  Montreal. —  Quebec.. .   131 


CONTENTS.  9 

CHAPTER  XIX. 

The  Presidential  Election  of  1852. —  Review  of  the  Slavery  Contest  of 
1850. —  Mr.  Seward's  Opposition. —  Mr.  Clay.— Mr.  Webster. —  Gen 
eral  Cass. —  General  Taylor's  Position. —  Mr.  Seward  supports  it. — 
Denounced  as  an  Agitator. — Utah  and  New  Mexico. — The  Fugitive 
Slave  Bill. — The  Compromisers. —  Death  of  President  Taylor. — Mr. 
Fillmore. — His  Course  and  "Coalition  with  the  Democrats. —  Mr.  Sew- 
ard's  Opposition. — The  Baltimore  Conventions  of  1852,  Democratic 
and  Whig. —  Franklin  Pierce. —  General  Scott — Millard  Fillmore. — 
Daniel  Webster. —  Platform  for  Slavery. —  Position  of  Mr.  Seward's 
Friends. — Mr.  Webster's  Course.  —  His  Death. — Triumph  of  the 
Democrats. — Election  of  Franklin  Pierc§. — Overthrow  of  the  Whigs. 

—  Defeat  of  General  Scott. —  Effect  upon  Mr.  Seward 141 

CHAPTER  XX. 

XXXTId  Congress,  Second  Session  1852-'53. —  Mr.  Seward's  Speeches. 

—  John  Q.uincy  Adams  and  General  Cass. — Vindication  of  Mr.  Adams. 
— John  C.  Calhoun. — The  Monroe  Doctrine. —  Annexation  of  Cuba. 

—  Mr.  Seward's  Views. —  Mexico   and  the  Continental  Railroad. — 
Suspension  of  Duty  on  Railroad  Iron. —  Extract  from  Mr.  Seward's 
Speech  on  Railroads. — Texas  and  her  Creditors. — Oration  at  Colum 
bus. — The  Destiny  of  America. — Address  before  the  American  Insti 
tute. —  The  True  Basis  of  American  Independence. —  Eulogium  on 
James  Tallmadge 150 

CHAPTER  XXL 

XXXIIId  Congress. — Nebraska. —  Inauguration  of  President  Pierce. — 
High  Expectations  of  Beneficent  Legislation. —  Revision  of  the  Tariff. 
— The  Homestead. —  Pacific  Railroad. — Disappointment. —  Introduc 
tion  of  the  Nebraska  Bill  by  Mr.  Douglas. —  Veto  of  the  Bill  for  Re 
lief  of  the  Insane. —  The  Nebraska  Biil. —  Fruit  of  the  Compromise 
Measures  of  1850. — Senators  Everett,  Chase,  Sumner,  Truman  Smith, 
Wade,  Bell,  Houston,  and  Fessenden. — Mr,  Seward's  Letter  to  the 
New  York  Merchants. —  His  Position. —  His  First  Speech. —  Second 
Speech. —  Passage  of  the  Bill. —  Effect  of  Mr.  Seward's  Speeches  on 
the  Country. —  His  Speech  on  the  Reception  of  a  Remonstrance  from 
3050  Clergymen. —  The  Right  of  Petition  vindicated. — The  Gadsden 
Treaty. — Tlie  Reciprocity  Treaty. —  Review  of  Mr.  Seward's  Course 
in  the  Senate. — Eulogium  on  Henry  Clay. — Eulogium  on  Daniel 
Webster. — Debates  in  the  Senate. — Address  before  the  Phi  Beta 
Kappa  Society  of  Yale  College. —  Honorary  Degree  of  Doctor  of 
Laws  conferred  upon  Mr.  Seward. —  His  Relations  to  the  Whig  Party 

and  tc  Mr.  Fillmore's  Administration. —  Conclusion 161 

1* 


10  CONTENTS. 


CHAPTER  XXIL 

Second  Session  XXXIIId  Congress  1854-'55. — Mr.  Seward's  re-election 
to  the  Senate. — Speeches  at  Albany  and  Buffalo.— Oration  at  Plymouth, 
Dec.  22,  1855 170 


CHAPTER  XXIIL 

The  XXXlVth  Congress  1855-'56. — Kansas  Affhirs. — The  Suraner  As 
sault. — Army  Bill. — Speeches  at  Detroit,  Oswego,  and  Auburn. — 
Election  of  President. — The  Dred  Scott  Decision. — Re-organization  of 
Supreme  Court 174 


CHAPTER  XXIV. 

The  XXXVth  Congress  1857-58- Great  Number  and  Variety  of 
Speeches. — The  Lecomptou  Controversy. — Army  for  Utah. — Mr.  Se 
ward's  Course. — British  Aggressions. — Oregon  and  Minnesota. — Albany 
Bridge.— Speeches  at  Rochester  and  Rome. — The  Irrepressible  Con 
flict. .  .  178 


CHAPTER  XXV. 

Second  Session  of  XXXVth  Congress,  1858-59.— The  Homestead  Bill. 
— Mr.  Seward  and  Mr.  Wade. — Indiana  Senators. — Mr.  Seward's 
Speech. — The  Thirty  Million  Bill. — Cuba.— Tfce  Pacific  Rail  Road 184 

CHAPTER  XXVI 

European  Tour. — Mr.  Seward's  Departure  and  Return. — Demonstrations 
and  Speeches. — His  reception  at  Auburn. — The  XXXVIth  Congress 
1859-'60 — Mr.  Seward's  Return  from  Europe,  and  Appearance  in  the 
Senate. — The  Great  Excitement. — His  Great  Speech  on  the  Admission 
of  Kansas,  and  the  State  of  the  Country. — Conclusion 186 


CONTENTS.  11 


CONTENTS    OF    THE    SELECTIONS. 


INTERNAL  IMPROVEMENTS. 

Internal  Improvement  the  Policy  of  the  Founders  of  the  Republic. — 
Extracts  from  Annual  Messages. — Internal  Improvement  Wise  and 
Beneficent. — Internal  Improvement  the  Real  Source  of  the  Prosperity 
of  New  York,  and  the  only  Sure  Bond  of  Union  of  the  States. — The 
Suspension  of  the  Public  Works  of  New  York  condemned  and  their 
Resumption  recommended. — Extract  from  Annual  Message,  1842. — 
New  York  and  Masachussetts. — Address  at  the  Celebration  of  the 
Completion  of  the  "Western  Rail  Road,  between  Boston  and  Albany,  at 
Springfield,  1842 192 

EDUCATION. 

The  Proper  Range  of  Popular  Education. —  Address  at  Westfield,  r*.  Y., 
1833. —  Popular  Education  a  Leveller. — Address  at  Sunday -School 
Celebration,  1839. — Female  Education. —  Improvement  of  Popular 
Education  must  begin  not  with  the  Government,  but  with  the  Peo 
ple. —  Education  preferable  to  Conquest. — Speeches  in  the  Senate. — 
The  Bible  the  Basis  of  Republican  Institutions. — Annual  Messages 
to  the  Legislature. — The  System  of  Public  Schools  defective. — 
Amendment  proposed. — "Education  of  the  Children  of  Exiles. —  New 
York  Public  School  Society 200 

FREEDOM. 

John  Quincy  Adams. — Eulogy  before  the  Court  of  Chancery. —  Mutual 
Rights  and  Duties  of  Nations. — Speeches  in  the  Senate. — The  Right 
of  Petition. —  Remonstrance  of  3050  Clergymen  of  New  England 
against  the  Repeal  of  the  Missouri  Compromise. —  Political  Equality. 
—  Religious  Intolerance. —  Intolerance. —  Louis  Kossuth. — The  Trib 
unal  of  Public  Opinion. —  The  Shade  of  Franklin. —  Congressional 


12  CONTENTS. 

Compromises. —  The  Recaption  of  Fugitive  Slaves  in  the  Free  States. 

—  Speeches  in  the  Senate  on  the  Compromises  of  1850. — The  Fugi 
tive  Slave  Law  of  1793  Unconstitutional  and  Void. — Argument  in 
the   United   States  Supreme    Courts. —  Extradition   of  Fugitives. — 
Emancipation  in  the  District  of  Columbia. —  Admission  of  New  Slave 
States. — Uses  of  the  National  Domain. — The  Higher  Law. — Slavery 
in  the  New  Territories. —  Apprehensions  of  Disunion  Groundless. — 
Slavery. —  The  Slavery  Question  can  never  be   settled  by  Compro 
mises. —  Moderation 219 

COMMERCE. 

Public  Faith. — Speeches  in  the  Senate. — French  Spoliations. —  Ameri 
can  Enterprise. —  American  Steam  Navigation. —  Collins  Steamers. — 
The  Whale  Fisheries. —  Commerce  on  the  Pacific. —  A  Continental 
Railroad  to  the  Pacific 276 

MISCELLANEOUS. 

The  American  People. — Their  Moral  and  Intellectual  Development. — 
Address  at  Yale  College,  July,  1854. —  Insanity. —  Argument  in  De 
fence  of  William  Freeman,  Auburn,  July,  1846. — Insanity. — Some 
of  its  Causes  and  Circumstances. — The  Wrongs  of  the  Negro. —  The 
Indians. — Speech  of  an  Onondaga  Chief. —  Governor  Seward's  Reply. 

—  Letter. —  Reply  to  the  Colored  Citizens  of  Albany,  January,  1843. 

—  Speech  in  the  Senate  of  New  York,  February,  1831. — The  Militia 
System. —  Reforms  proposed. — Speech  in  the  Senate  of  the  United 
States,   1852. — The  Public  Domain. —  The  Homestead   Principle. — 
The  Whig  Party.— The  Albany  Regency  in  1824.— Secret  Political 
Societies. —  Relief  of  the  Indigent  Insane. — The  Union  and  the  States. 
— Speech  on  the  President's  Veto. — The  True  Basis  of  American  In 
dependence. — Address  before  the  American  Institute. — Peace 291 

ORATIONS  AND  SPEECHES. 

The  Destiny  of  America. —  An  Oration  delivered  at  the  Dedication  of 
Capital  University,  Columbus,  Ohio,  September  14,  1853. — Nebraska 
and  Kansas. — Freedom  and  Public  Faith. — The  Abrogation  of  the 
Missouri  Compromise. — Speeches  in  the  Senate'of  the  United  States. — 
Speech  on  the  Admission  of  Kansas,  Feb.  29,  1860 325 

SEE  INDEX.  .  .  , .  429 


MEMOIR. 


CHAPTER  I. 

THE   SEWARD   FAMILY. 

THE  ancestors  of  WILLIAM  HEXRY  SEWARD  were  of 
Welsh  extraction.  The  first  of  that  name  in  America  em 
igrated  from  Wales  during  the  reign  of  Queen  Ann,  and  set 
tled  in  Connecticut.  A  branch  of  the  family,  from  which  Mr. 
Seward  is  descended,  removed  to  Morris  county,  N.  J., 
about  the  year  1740.  This  branch  again  divided,  one  por 
tion  of  which  removed  to  Virginia,  where  it  is  still  found 
in  considerable  numbers,  as  well  as  in  Georgia  and  Ken 
tucky.  His  paternal  grandfather,  John  Seward,  resided  in 
Sussex  county,  in  that  state,  where  he  sustained  a  high  rep 
utation  for  enterprise,  integrity,  and  ability.  On  the  break 
ing  out  of  the  Revolution,  he  became  a  prominent  leader  of 
the  whig  party,  and  on  more  than  one  occasion  during  the 
long  struggle,  was  engaged  in  active  service.  His  dwel 
ling  is  defined  on  all  the  maps  of  the  American  col 
onies  of  that  period.  Being  a  zealous  partisan  he  be 
came  the  object  of  especial  jealousy  on  the  part  of  the  loy 
alists.  The  following  anecdote  is  among  the  traditions  of 
the  family.  While  General  Washington's  headquarters 
wereatMorristown,  Colonel  Seward's  residence  was  on  the 
lines.  Various  plots  were  resorted  to  by  the  torics  to  cir- 


14  *    •  TTrR-SEWAllD    FAMILY. 

cumvent  and  capture  him.  One  day  a  man  of  rather  sus 
picious  appearance,  on  a  horse  without  saddle  or  bridle, 
approached  the  house  and  upon  being  hailed  by  Colonel 
Seward  replied  that  he  brought  a  message  from  General 
Washington  requiring  Colonel  Seward  to  hasten  to  head 
quarters.  He  was  asked  if  he  had  a  written  order.  His 
reply  was  in  the  negative.  Colonel  Seward  then  charged 
him  with  being  a  tory,  whereupon  he  applied  his  whip  to 
his  horse  and  rode  off  at  full  speed.  Colonel  Seward  seized 
his  rifle  and  with  unerring  aim  brought  him  to  the  ground. 
He  lived  long  enough  to  confess  that  he  was  sent  by  a  party 
of  loyalists  to  decoy  the  colonel  from  his  house  that  he 
might  be  waylaid  and  his,  house  destroyed.  He  died  in 
1799,  leaving  a  family  of  ten  children.  His  son,  Samuel 
S.  Seward,  received  an  academic  and  professional  educa 
tion,  instead  of  a  share  in  the  paternal  inheritance.  Hav 
ing  completed  his  studies,  he  established  himself  in  the 
practice  of  medicine  in  his  native  place,  and  soon  after  be 
came  connected  in  marriage  with  Mary  Jennings,  the 
daughter  of  Isaac  Jennings,  of  Goshen,  New  York. 

Removing  to  Florida,  a  village  in  the  town  of  Warwick, 
in  Orange  county,  N.  Y.,  in  the  year  1795,  he  combined  a 
large  mercantile  business  with  an  extensive  range  of  pro 
fessional  practice,  both  of  which  he  carried  on  successfully 
for  the  space  of  twenty  years.  He  retired  from  active 
business  in  1815,  and  devoted  himself  to  the  cultivation  of 
the  estate,  of  which,  by  constant  industry  and  economy,  he 
had  become  the  owner.  Dr.  Seward  was  a  man  of  more 
than  common  intellect,  of  excellent  business  talents,  and  of 
strict  probity.  After  his  withdrawal  from  business,  he  was 
in  the  habit  of  lending  money  to  a  considerable  extent 
among  the  farmers  in  his  neighborhood ;  and  it  is  said  that 
no  man  was  ever  excused  from  paying  the  lawful  interest 
on  his  loans — that  no  man  was  permitted  to  pay  him  more 
than  that  interest — and  that  no  man  who  paid  his  interest 
punctually  wns  ever  required  to  pay  any  part  of  the  priri 


THE  SEWARD   FAMILY.  15 

cipal.  He  was  a  zealous  advocate  of  republican  principles, 
and  exerted  a  leading  influence  in  the  affairs  of  the  party. 
In  1804,  he  was  elected  to  the  legislature,  and  during  the 
continuance  of  the  republicans  in  power,  he  was  never  with 
out  one  or  more  offices  of  public  trust.  Although  not  a 
member  of  the  legal  profession,  he  was  appointed  first 
judge  of  Orange  county,  in  1815,  which  office  he  held  for 
seventeen  years.  His  exercise  of  the  judicial  functions  was 
marked  by  discretion,  impartiality,  and  promptness,  and 
he  is  remembered  to  this  day  as  one  of  the  best  judges  the 
county  ever  had.  After  a  visit  to  Europe,  he  lived  in  the 
enjoyment  of  universal  respect  until  1849,  when  he  died 
in  a  ripe  old  age.  Dr.  Seward  was  the  friend  of  religion, 
education,  and  public  improvement.  He  founded  the 
"  S.  S.  Seward  Institute,"  jit  Florida,  an  excellent  high 
school  for  young  persons  of  both  sexes.  He  endowed  this 
seminary  with  a  permanent  fund  of  $20,000,  and  continued 
its  steadfast  friend  until  the  close  of  his  life. 

The  wife  of  Dr.  Seward  was  Mary  Jennings,  whose  fam 
ily  had  emigrated  from  Ireland  at  an  early  day.  She  was 
a  woman  of  a  clear  and  vigorous  understanding,  with  sin 
gular  cheerfulness  of  temper,  and  while  devoted  with  un 
tiring  industry  to  the  interests  of  her  family,  was  a  model 
of  hospitality,  charity,  and  self-forgetfulness.  She  died  in 
1843. 

The  subject  of  this  memoir  never  forgot  that  he  had  Irish 
blood  in  his  veins.  This  fact  serves  to  explain,  in  part, 
the  strong  attachment  he  has  always  cherished  for  the  Irish 
population  of  our  country.  While  travelling  through  Ire 
land  in  1833,  his  indignation  was  greatly  aroused  by  the 
sight  of  the  oppressions  inflicted  on  the  people  by  the  Brit 
ish  government.  He  ascribed  a  large  share  of  the  miseries 
of  that  unhappy  country  to  its  political  mismanagement, 
and  especially  to  the  annihilation  of  its  parliament,  by  the 
act  of  union.  In  writing  home  from  Ireland,  he  expresses 
himself  in  the  following  terms  : — 


16  IRISH  LINEAGE. 

"But  all  this  glory  has  departed.  The  very  shadow  (and  for  a  long  time 
the  Irish  parliament  was  but  the  shadow)  of  independence  has  vanished ; 
Ireland  has  surrendered  the  individuality  of  her  national  existence,  to  share, 
like  a  younger  sister,  that  of  England.  The  walls  of  the  parliament-house 
remain  in  all  their  primitive  grandeur,  to  reproach  the  degeneracy  of  her 
statesmen.  While  traversing  its  apartments,  I  reverted  to  the  debate  when 
the  degenerate  representatives  surrendered  their  parliament;  and  I  thought 
that  had  I  occupied  a  place  there,  I  would  have  seen  English  armies  wade 
in  blood  over  my  country,  before  I  would  have  assented  to  so  disgraceful  a 
union.  Something  might  have  been  spared,  after  the  deed  was  consum 
mated,  to  the  wounded  pride  of  the  Irish  people.  The  parliament-house 
ought  to  have  been  closed,  and  left  in  gloomy  solitude,  a  monument  to  re 
mind  the  people  that  they  once  had  a  country.  But  this  was  too  great  a 
concession  for  the  economy  of  the  English  administration  of  affairs  in  Ireland. 
They  who  build  palaces  and  monuments  with  a  profuse  hand,  on  the  other 
side  of  the  channel,  sold  the  Irish  Capitol,  and  it  was  forthwith  converted 
into  a  hall  for  money-changers.  I  confess  that  overleaping  all  the  obsta 
cles  which  are  deemed  by  many  well-wishers  of  Ireland  insurmountable,  I 
wish  the  repeal  of  the  union.  I  will  not  believe  that  if  relieved  of  that  op 
pressive  act,  she  does  not  possess  the  ability  to  govern  herself." 

In  a  private  letter  written  by  Mr.  Seward  in  1840,  to  a 
gentleman  who  had  taken  strong  exceptions  to  his  senti 
ments  in  relation  to  Irishmen,  the  following  passage  occurs, 
in  regard  to  the  Irish  lineage  of  his  mother.  After  defend 
ing  the  character  of  the  Irish  from  some  severe  charges 
made  by  his  correspondent,  and  alluding  to  their  many 
virtues,  he  says  : — 

"If  this  confession  of  faith  seems  strange  to  you,  permit  me  to  explain 
that  I  could  not  believe  otherwise,  without  doing  dishonor  to  a  mother  em 
inent  for  many  virtues,  and  to  the  memories  of  humble  ancestors,  whose 
names  will  not  be  saved  from  obscurity  by  the  record  of  any  extraordinary 


BIRTHPLACE.  17 


CHAPTER   II. 

WILLIAM    HENRY   SEWARD. 

WILLIAM  HEXRY  SEWARD  was  born  in  Floriue,.,  Orange 
Co.,  N.  Y.,  May  16, 1801.  The  house  in  which  hij  parents 
then  resided  is  still  standing ;  but  the  village-church  and 
schoolhouse,  where  his  youthful  feet  were  wont  to  tread,  have 
given  place  to  more  modern  structures.  A  venerable  for 
est-tree  on  the  ancient  homestead  still  overshadows  a  clear, 
babbling  spring  of  water,  which  William  was  in  the  habit 
of  frequenting  in  his  school-boy  days,  with  his  books,  for 
the  purpose  of  reading  and  study  in  its  cool  and  pleasant 
retirement.  His  boyhood  is  well  remembered  by  the  aged 
inhabitants  of  his  native  village.  They  love  to  recall  their 
predictions  of  the  future  eminence  of  the  studious  lad,  whose 
diligence  and  zeal  had  already  attracted  their  attention. 
The  colored  servant,  then  a  slave  of  his  father's,  who  led 
him  in  infancy,  and  shared  his  juvenile  sports,  still  lives  to 
rejoice  in  the  bounty  of  her  young  companion,  who  has  given 
a  comfortable  home  for  her  old  age,  in  memory  of  their 
early  attachment. 

The  subject  of  our  narrative  entered  upon  life  amid  ex 
ternal  circumstances  adapted  to  cherish  and  develop  the 
higher  elements  of  his  nature.  Orange  county  contains 
within  its  borders  West  Point,  Fort  Putnam,  Fort  Mont 
gomery,  Minisink,  Newburgh,  Washington's  headquarters, 
and  other  places  famous  in  the  annals  of  the  Revolu 
tion.  It  has  also  been  the  birthplace  or  residence  of  many 
distinguished  men,  among  whom  may  be  named  George 
Clinton,  James  Clinton,  De  Witt  Clinton,  Cadwallader  C. 


18  SCHOOL   DAYS. 

Golden,  General  Belknap,  James  Burt,  Robert  Armstrong, 
John  Duer,  Ogden  Hoffman,  Samuel  B.  Betts,  Samuel  J. 
Wilkin,  and  others.  The  town  of  Warwick  originally  with 
several  other  towns  composed  a  part  of  the  town  of  Goshen, 
having  been  set  off  from  that  town  in  1788.  It  was  settled 
directly  or  indirectly  as  early  as  1703.  A  part  of  the  town 
was  called  Florida  or  Floriday  as  early  as  1738.  The 
origin  of  this  name  is  not  clearly  known,  but  it  was  proba 
bly  derived  from  the  Latin  word  Floridus  signifying  cov 
ered  or  red  with  flowers.  The  local  scenery  of  Florida  is 
scarcely  surpassed  in  the  country  for  beauty  and  magnifi 
cence.  On  each  side,  mountains  of  impressive  grandeur 
rear  their  blue  summits  into  the  skies,  while  the  broad  and 
fertile  valleys,  watered  by  numerous  rivulets  and  miniature 
lakes,  enriched  by  genial  and  appropriate  culture,  and  smi 
ling  in  joyous  abundance,  complete  the  majestic  and  lovely 
panorama.  The  people  of  Florida,  unlike  the  inhabitants 
of  most  other  towns  in  that  part  of  the  state,  were  origi 
nally  emigrants  from  New  England.  They  were  accord 
ingly  imbued  witli  much  of  the  stern  and  lofty  spirit  of  the 
Puritans,  while  their  descendants  still  retained  many  of 
their  habits  and  feelings.  Brought  up  amidst  such  sublime 
and  ennobling  scenes  of  nature — inheriting  from  a  worthy 
ancestry  the  purest  sentiments  of  honor  and  patriotism — 
imbibing,  with  his  mother's  milk,  the  love  of  truth,  freedom, 
and  equality — the  mind  of  young  Seward  early  received  a 
powerful  impulse  toward  the  career  of  beneficent  greatness, 
which  has  amply  fulfilled  the  prophetic  anticipations  of  his 
youthful  associates  and  admirers. 

One  of  the  first  acts  remembered  by  the  friends  of  young 
William  Henry,  was  in  no  small  degree  significant  of  his 
juvenile  tendencies.  He  ran  away  to  school — most  truants 
run  in  the  opposite  direction.  His  taste  for  books  was  dis 
played  at  an  early  age.  They  were  his  favorite  compan 
ions,  and  he  was  seldom  seen  without  a  volume  in  his  hands. 
His  thirst  for  knowledge,  once  nearly  cost  him  his  life. 


CHARACTERISTICS   OP   HIS   BOYHOOD.  19 

When  about  twelve  years  of  age,  returning  near  nightfall 
from  a  pasture  on  his  father's  farm,  driving  home  the  cows, 
he  read  a  book  as  he  walked,  giving  an  occasional  look  to 
his  charge,  that  was  travelling  quietly  before  him.  A  party 
of  boys  espied  the  abstracted  herdsman,  and  disturbed  his 
studious  reveries  with  a  volley  of  small  stones.  Resolved 
not  to  be  disturbed  in  his  reading  by  the  missiles  of  his 
thoughtless  companions,  he  turned  his  back  toward  them, 
and  walked  backward  with  his  eye  intently  fixed  upon  his 
book.  In  a  short  time,  he  insensibly  diverged  from  the 
path,  and  missing  the  bridge  over  a  small  creek,  was  thrown 
into  the  water.  An  elder  brother,  who  had  witnessed  the 
accident,  drew  him  from  the  stream  in  a  state  of  uncon 
sciousness,  and  he  was  fortunately  restored  without  serious 
injury. 

His  precocious  intellect,  and  his  docile,  cheerful  disposi 
tion,  led  his  parents  to  decide  on  giving  him  a  superior  ed 
ucation  to  that  received  by  the  other  members  of  the  family. 
The  common  school  system  had  not  yet  been  established 
in  the  state  of  New  York,  and  he  attended  several  different 
schools  in  the  vicinity  of  his  father's  residence,  until  the 
age  of  nine  years.  At  this  period,  he  was  sent  to  Farmers' 
Hall  Academy,  at  Goshen,  which  then  boasted  of  having 
had  the  celebrated  Aaron  Burr  and  Noah  Webster  among 
its  pupils.  The  records  of  the  "  Classical  Society"  of 
Goshen,  and  of  the  "  Goshen  Club,"  still  exist,  showing 
young  Seward  to  have  been  an  active  member  of  each — 
the  constitutions  and  minutes  of  proceedings  being  mostly 
in  his  handwriting.  Among  the  principal  exercises  of  these 
two  societies,  were  declamation,  debates,  and  composi 
tions.  In  nearly  all  the  debates  which  are  noticed,  Seward 
has  a  part,  and  then  as  now  he  was  generally  found  on  the 
right  side.  He  pursued  his  studies  at  this  seminary,  and 
at  an  academy  afterward  established  in  Florida,  until  the 
year  1816.  He  was  now  but  fifteen  years  of  age,  when  he 
was  presented  for  admission  to  Union  College,  Schenec- 


20  COLLEGE   LIFE. 

tady.  The  thin,  pale,  sandy-visaged  boy  was  found  quali 
fied  for  the  junior  class,  but  on  account  of  his  extreme 
youth  was  persuaded  to  enter  the  sophomore. 


CHAPTER   III. 

HIS   COLLEGE   LIFE  —  VISIT  TO   THE   SOUTH  —  DR.    NOTT. 

THE  college  career  of  young  Seward,  as  related  by  his 
contemporaries,  gave  brilliant  indication  of  the  rare  quali 
ties  for  which  he  has  since  become  distinguished.  The 
traits  of  the  future  legislator  and  statesman  were  foreshad 
owed  in  the  character  of  the  modest  youth  during  his  period 
of  academic  retirement.  Even  then  he  displayed  the  manly 
originality  of  conception — the  sturdy  independence  of  pur 
pose —  the  firm  adherence  to  his  convictions  of  right — the 
intrepid  assertion  of  high  moral  principles — the  careful 
examination  of  a  cause  before  appearing  in  its  defence  — 
the  sympathy,  with  the  weak  and  oppressed — and  the  in 
tellectual  vigilance  and  assiduity  in  the  pursuit  of  truth — 
which  have  formed  such  conspicuous  and  admirable  features 
in  his  public  career. 

His  favorite  studies  in  college  were  rhetoric,  moral  phi 
losophy,  and  the  ancient  classics.  It  was  his  custom  to  rise 
at  four  o'clock  in  the  morning,  and  prepare  all  the  lessons 
of  the  day.  At  night,  while  the  other  students  were  en 
gaged  in  getting  ready  the  exercises  of  the  next  morning, 
he  devoted  his  leisure  to  general  reading,  and  literary 
compositions  for  class  declamation  or  debates  in  society 
meetings. 

In  the  year  1819,  Seward,  who  was  then  in  the  senior 
class,  and  in  the  eighteenth  year  of  his  age,  withdrew  from 
college  for  about  a  year,  passing  six  months  of  the  time  as 


VISIT   TO   THE   SOUTH.  21 

a  teacher  at  the  south.  The  spectacle  of  slavery  could  not 
fail  to  make  a  deep  impression  on  his  mind.  He  witnessed 
scenes  which  aroused  him  to  reflection  on  the  subject,  and 
produced  the  hostility  to  every  form  of  oppression,  which 
has  since  become  ingrained  in  his  character.  One  of  the 
many  incidents  which  occurred  to  him  may  be  related  in 
this  place. 

While  travelling  in  the  interior  of  the  state,  he  approached 
a  stream  spanned  by  a  dilapidated  bridge,  that  had  become 
almost  impassable.  He  forded  the  river  with  no  little  dif 
ficulty,  and  met  on  the  opposite  side  a  negro  woman  with 
an  old  blind  and  worn-out  horse,  bearing  a  bag  of  corn  to 
mill.  The  poor  slave  was  in  tears,  and  manifested  great 
distress  of  mind.  She  was  afraid  to  venture  on  the  bridge, 
and  the  stream  seemed  too  rapid  and  violent  for  the  strength 
of  her  horse.  She  was  reluctant  to  return  to  her  master, 
without  fulfilling  her  errand,  being  fearful  of  punishment. 
The  heart  of  the  young  northerner  was  moved.  He  went 
to  her  assistance,  and  attempted  to  lead  the  horse  across 
the  bridge.  But  the  wretched  beast  was  not  equal  to  the 
effort.  He  made  a  false  step,  and  falling  partly  through, 
became  wedged  in  among  the  plank  and  timbers.  Seward 
tried  in  vain  to  extricate  him.  Despairing  of  success,  he 
mounted  his  own  horse,  rode  to  the  master's  residence,  and 
informed  him  of  the  accident,  and  attempted  to  excuse  the 
slave.  In  return  for  his  kindness,  he  was  met  with  a  vol 
ley  of  imprecations  on  himself,  the  slave,  the  horse,  the 
bridge,  and  all  parties  and  things  concerned.  His  disgust 
at  this  adventure  taught  him  a  lesson  of  wisdom,  which  he 
never  forgot.* 

*  Another  incident  is  related  in  one  of  his  speeches  as  having  occurred 
during  a  subsequent  visit  to  the  south,  and  he  has  been  heard  to  remark 
that  it  contains  the  whole  story  of  slavery  :  "Resting  one  day  at  an  inn  in 
Virginia,  1  saw  a  woman  blind  and  decrepit  with  age,  turning  the  ponder 
ous  wheel  of  a  machine  on  the  lawn,  and  overheard  this  conversation  be 
tween  her  and  my  fellow-traveller:  'Is  not  that  very  hard  work?' — 'Why 
yes.  mistress,  but  I  must  do  something,  and  this  is  all  I  can  do  now  I  am  so 


22  COLLEGE   INCIDENTS. 

Returning  to  college  in  1820,  lie  found  the  students  in 
state  of  great  excitement.  They  had  hitherto  been  divided 
into  two  literary  societies,  the  Philomathean  and  the  Adel- 
phic,  between  which  an  earnest,  but  not  unfriendly  rivalry 
subsisted.  The  former  was  the  most  popular  with  the  stu 
dents,  while  the  latter  claimed  the  most  diligent  scholars. 
Young  Seward  was  a  member  of  the  Adclphic,  and  entered 
into  the  interests  of  the  society  with  characteristic  zeal. 
During  his  absence,  some  twenty  or  thirty  students  from 
the  southern  states  had  left  Princeton  college  and  entered 
Union.  These  attached  themselves  to  the  Philomathean 
society,  giving  it  a  great  superiority  in  numbers  over  its 
rival.  Questions  soon  arose  in  the  society,  on  which  the 
members  divided  geographically.  The  southern  students 
were  left  in  a  minority,  and  obtaining  a  charter  from  the 
college  faculty,  organized  a  third  society  called  the  Del 
phian  institute.  Their  secession  weakened  the  Philoma 
thean,  and  was  generally  regarded  by  the  older  members 
of  the  rival  society  as  a  triumph  on  their  side.  The  young 
er  Adelphics,  however,  took  a  different  view,  favoring  the 
Philomatheans,  on  the  ground  that  the  secession  was  fac 
tious  and  sectional.  Seward,  whose  experience  at  the  south, 
wid  popularity  with  all  classes  in  college,  served  to  qualify 
Jiim  for  the  office,  virtually  became  umpire  between  the  two 
parties.  After  an  impartial  hearing  of  the  question,  he  de 
cided  in  favor  of  the  Philomatheans,  and  against  the  Del 
phian  institute  — thus  siding  with  the  sophomores  and  fresh- 
inen,  in  opposition  to  the  views  of  his  own  classmates.  He 
thereby  incurred  no  small  odium.  The  faction,  which  he 

old.' — 'How  old  are  you?' — 'I  don't  know;  past  sixty  they  tell  me.' — 
'Have  you  a  husband  ?' — 'I  don't  know,  mistress.' — 'Have  you  ever  had  a 
husband?' — 'Yes,  I  was  married.' — 'Where  is  your  husband?' — 'I  don't 
know;  he  was  sold.' — 'Have  you  children?' — 'I  don't  know;  they  were 
sold.'—  'How  many?' — 'Six.' — 'Have  you  never  heard  from  any  of  them 
since  they  were  sold?' — 'No,  mistress.' — 'Do  you  not  find  it  hard  to  bear 
up  under  such  afflictions  as  these?' — 'Why  yes,  mistress,  but  God  doe* 
what  he  thinks  best  with  us.' " 


COLLEGE   TRIUMPHS.  23 

had  condemned,  caused  him  to  be  arraigned,  with  a  view 
to  his  expulsion  from  the  Adelphic  society.  The  members 
resolved  themselves  into  a  court,  while  a  prominent  mem 
ber  of  his  own  class  acted  as  public  prosecutor.  Seward 
conducted  his  own  defence.  After  the  testimony  was  com 
pleted,  he  summed  up  the  merits  of  the  case,  closing  a  pow 
erful  argument  with  a  thrilling  recital  of  his  course  through 
out  the  controversy.  Declaring  that  he  was  indifferent  to 
what  might  be  said  of  him  by  the  public  prosecutor — that 
he  had  no  wish  to  know  who  voted  for  and  who  against  him 
—  and  that  he  would  not  embarrass  the  vote  of  any  mem 
ber  by  his  presence,  or  by  inquiry  about  his  vote  at  any 
time  afterward — he  abruptly  left  the  chamber  in  which  the 
trial  was  held.  In  half  an  hour,  the  rush  of  students  from 
the  hall  showed  that  the  case  was  decided.  .  Soon  his  room 
was  crowded  with  sophomores  and  freshmen,  ardent  with 
victory,  and  loud  in  congratulations  that  the  prosecution 
had  been  voted  down.  The  cause  of  law  and  order  was 
sustained  against  the  seceders,  and  the  integrity  of  the 
union  in  Union  college  fully  vindicated. 

There  was  still  another  trial  in  college  for  the  young 
student.  Three  commencement  orators  were  to  be  appoint 
ed  by  the  Adelphic  society.  This  appointment  was  deemed 
the  highest  college  honor.  Seward  was  a  prominent  can 
didate.  His  scholarship,  his  eloquence,  and  his  character, 
presented  equally  strong  claims  in  his  favor.  But  the  hos 
tile  faction  among  the  friends  of  the  Delphian  institute,  es 
tablished  a  vigorous  opposition.  An  earnest  canvass  was 
maintained  for  several  weeks.  No  pains  were  spared  to 
defeat  the  election  of  Seward.  The  choice  was  at  length 
made,  and  he  gained  a  decided  triumph.  The  subject  of 
his  oration  was,  "  The  Integrity  of  the  American  Union." 
This  was  a  chaste  and  manly  performance,  replete  with 
vigorous  sense  and  patriotic  feeling.  It  was  listened  to 
with  enthusiasm  by  an  intelligent  audience,  and  called  forth 
warm  commendations  in  the  public  prints. 


24  GOVERNOR   TOMPKIXS  —  DR.    NOTT 

Seward  graduated  among  the  most  distinguished  scholars 
in  his  class.  He  shared  his  academic  honors  with  several, 
who  have  since  arisen  to  eminence  in  different  walks  of 
literature  and  public  life.  Of  these,  we  need  only  mention 
the  names  of  Hon.  William  Kent,  who  inherits  the  legal 
mind  and  rare  attainments  of  his  father,  the  celebrated 
chancellor  ;  Rev.  Dr.  Hickok,  now  vice-president  of  Union 
college,  and  as  an  erudite  and  profound  metaphysician, 
without  an  equal  among  American  scholars ;  and  Rev. 
Taylor  Lewis,  professor  of  Greek  in  Union  college,  distin 
guished  no  less  as  an  adroit  and  energetic  controversialist, 
than  as  a  classical  scholar  of  consummate  accomplishments. 

An  incident,  showing  his  standing  in  the  college,  and  his 
early  development  of  talent,  was  thus  described  by  a  public 
journal,  many  years  since  : — 

"The  year  1820  was,  as  our  readers  will  remember,  the  epoch  of  the  great 
contest  between  Torupkins  and  Clinton.  The  interest  excited  by  this  strug 
gle  pervaded  all  classes  and  ages  of  the  community,  and  it  was  not  in  the 
glowing  temperament  of  William  II.  Seward  to  remain  neutral.  He  was 
naturally  from  his  education  and  early  association,  on  the  side  of  Tompkins, 
and  his  zeal  was  quickened  by  personal  intercourse  with  this  amiable  and 
fascinating  man,  with  whom  to  have  an  interview  with  an  individual  was 
to  acquire  and  fix  a  friend.  Seward  was  appointed  to  address  the  vice- 
president  on  his  visit  to  Schenectady  on  behalf  of  the  young  republicans  of 
the  college.  His  speech  was  so  much  above  the  common  run  of  political 
harangues,  as  to  excite  general  and  lasting  interest.  He  lived  in  the  re 
membrance  of  Daniel  D.  Tompkins,  until  he  himself  ceased  to  live;  and  his 
friends  will  recollect  the  fervent  kindness  with  which  he  was  wont  to  recur 
to  this  eloquent  and  generous  effort  of  his  youthful  champion/' 

The  relations  of  young  Seward  with  Dr.  Nott,  the  vener 
able  and  excellent  president  of  Union  college,  were  inti 
mate  and  cordial,  throughout  his  academic  course,  and  have 
continued  to  be  of  affectionate  confidence  to  the  present 
time.  It  is  believed  that  Mr.  Seward  has  seldom  acted  on 
any  important  public  question,  without  availing  himself  of 
the  experience  and  sagacity  of  his  venerated  friend,  whose 
counsels,  we  need  not  say,  have  always  been  on  the  side  of 
nobleness  and  humanity.  Nor,  we  may  add,  has  Mr.  Sew- 


REMOVAL   TO    AUBURN.  25 

ard  Tailed  to  preserve  the  attachment  of  his  early  friends. 
The  companions  of  his  school  and  college  days,  as  well  as 
those  of  his  professional  life,  have  ever  been  among  his 
foremost  supporters,  as  a  public  man.  And  he  never  for 
sakes  a  friend  or  a  cause,  that  he  has  once  espoused.  No 
reproach  can  shake  his  fidelity  to  objects,  of  whose  worth 
he  has  become  persuaded. 


CHAPTER  IY. 

LAW   STUDIES  —  REMOVAL    TO    AUBURN  —  FAMILY  —  RELIGIOUS 
PRINCIPLES CHARACTER   AS    A   LAWYER. 

SOON  after  taking  his  degree  at  Union  college,  Mr.  Sew- 
ard  entered  the  office  of  John  Anthon,  Esq.,  of  the  city  of 
New  York,  as  a  student  at  law.  He  carried  the  habits  of 
early  rising  and  faithful  application,  which  he  had  main 
tained  during  his  college  life,  into  his  professional  studies. 
He  thoroughly  mastered  every  elementary  book  which  was 
put  into  his  hands,  making  a  written  analysis  of  its  con 
tents.  Completing  his  legal  preparation  with  John  Duer 
and  Ogden  Hoffman,  Esquires,  in  Groshen,  N.  Y.,  he  was 
admitted  to  the  bar  of  the  supreme  court  at  Utica  in  1822. 
For  six  months  previous  to  his  admission  he  had  been  asso 
ciated  in  practice  with  Mr.  Hoffman. 

In  January,  1823,  Mr.  Seward  took  up  his  residence  in 
Auburn,  and  formed  a  connection  in  business  with  the  Hon. 
Elijah  Miller,  a  distinguished  member  of  the  legal  profes 
sion,  and  at  that  time  first  judge  of  Cayuga  county.  Judge 
Miller,  who  had  acquired  a  competency  in  a  large  and  suc 
cessful  practice,  was  desirous  of  retiring  from  active  pro 
fessional  pursuits,  and  discovering  signs  of  great  promise  in 
young  Seward,  took  him  into  his  confidence,  and  proved 
a  devoted  and  efficient  friend. 


26  RELIGIOUS  PRINCIPLES. 

Mr.  Seward,  in  1824,  married  his  youngest  daughter, 
Frances  Adeline  Miller.  As  this  lady  is  still  living,  we 
can  only  say  that  the  connection  has  been  a  singularly  for 
tunate  one  in  all  respects.  Four  children  compose  their 
family ;  Augustus,  a  lieutenant  in  the  United  States  army, 
and  devoted  to  its  scientific  pursuits,  Frederick,  who  has 
chosen  the  editorial  profession,  and  a  boy  and  girl  yet  in 
childhood.  One  daughter,  "  fondly  loved,"  was  therefore, 
perhaps,  "  early  lost." 

The  town  of  Auburn,  which  Mr.  Seward  selected  as  a 
residence,  is  in  the  heart  of  one  of  the  most  fertile  and  de 
lightful  regions  in  central  New  York.  Its  growth  has  been 
rapid  and  healthful.  Within  a  few  years  the  primeval  for 
est  has  given  place  to  a  populous  city.  Its  inhabitants  are 
distinguished  for  their  intelligence,  enterprise,  and  refine 
ment.  Free  from  the  pride  of  wealth  and  the  pretensions 
of  aristocracy,  they  present  an  attractive  example  of  genu 
ine  republican  equality.  In  some  degree  these  character 
istics  are  no  doubt  due  to  the  influence  of  Mr.  Seward  and 
his  estimable  family.  During  a  residence  of  more  than 
thirty  years,  he  has  won  the  unqualified  respect  and  confi 
dence  of  his  townsmen.  Moving  in  the  highest  circles  of 
society,  he  has  never  avoided  friendly  intercourse  with  the 
most  obscure  and  lowly.  The  patron  of  struggling  merit 

—  cherishing  a  deep  interest  in  all  social  and  philanthropic 
movements — watchful  to  aid  the  unfortunate  and  forsaken 

—  and  ever  ready  to  devote  his  time,  his  talents,  and  his 
pecuniary  means,  to  the  defence  of  the  wronged  and  op 
pressed  of  every  caste  and  color — he  has  gained  the  lasting 
gratitude  and  love  of  the  people  with  whom,  for  over  a 
quarter  of  a  century,  he  has  lived  as  a  neighbor  and  fellow- 
citizen. 

Although  free  from  all  taint  of  sectarianism,  Mr.  Seward 
cherishes  a  strong  attachment  to  the  protestant  episcopal 
church,  of  which  he  became  a  member 'in  1837.  He  has 
been  frequently  called  to  attend  ecclesiastical  conventions 


CHARACTER   AS   A   LAWYER.  27 

of  that  body.  At  the  anniversary  of  the  American  Bible 
Society  in  1839,  he  was  called  to  act  as  one  of  the  vice- 
presidents,  and  in  his  address  on  that  occasion  he  expresses 
the  following  sentiment  in  regard  to  the  Bible  : — 

"I  know  not  how  long  a  republican  government  can  flourish  among  a 
great  people  who  have  not  the  Bible ;  the  experiment  has  never  been  tried : 
but  this  I  do  know  that  the  existing  government  of  this  country  never  could 
have  had  existence  but  for  the  Bible.  And  further  I  do  in  my  conscience 
believe  that  if  at  every  decade  of  years  a  copy  of  the  Bible  could  be  found 
in  every  family  of  the  land  its  republican  institutions  would  be  perpetual." 

With  his  devotion  to  the  cause  of  public  improvement,  he 
has  been  the  patron  of  churches,  schools,  and  benevolent  in 
stitutions,  liberally  contributing  his  money  for  their  support, 
and  his  counsels  for  their  direction. 

After  establishing  himself  in  Auburn,  Mr.  Seward  be 
came  interested  in  the  military  affairs  of  the  neighborhood, 
and  was  soon  honored  with  various  military  offices.  Ac 
cepting  the  colonelcy  of  a  regiment,  he  acquired  wide  dis 
tinction  and  still  higher  promotion  by  his  zeal  and  discipline. 
Without  personal  military  ambition,  he  was  an  ardent  friend 
of  a  well-regulated  militia  system  for  the  preservation  of 
order  and  the  defence  of  the  country.  He  was  an  excellent 
tactician,  and  an  accomplished  commander,  while  his  win 
ning  qualities  as  a  man  secured  the  friendship  of  all  around 
him,  who  were  engaged  in  the  same  department  of  public 
service. 

From  the  commencement  of  his  practice  as  a  lawyer,  Mr. 
Seward  was  always  in  the  habit  of  arguing  his  own  cases, 
instead  of  employing  older  counsellors,  as  is  often  done  by 
young  advocates.  In  the  management  of  a  case  he  sparingly 
refers  to  the  authority  of  recorded  decisions,  but  stating  the 
general  principles  of  law  applicable  to  the  question,  and  ar 
ranging  the  facts  in  the  simplest  order,  enforces  his  argu 
ments  by  a  priori  reasonings,  and  shows  the  basis  of  his 
position  in  natural  equity.  As  a  professional  rule,  he  gives 
his  aid  to  a  weaker  party  against  a  stronger,  even  without 
compensation,  whether  his  client  be  right  or  wrong ;  but  if 


28  EARLY   PROFESSIONAL   LIFE. 

a  stronger  party  claims  his  services  against  a  weaker,  he 
does  not  engage  in  the  suit  without  a  clear  conviction  of 
its  justice,  whatever  be  the  compensation.  During  the 
whole  course  of  his  practice  he  has  never  been  known  to 
act  for  a  man  against  a  woman  ;  and  was  never  but  once 
engaged  in  a  cause  against  the  accused ;  and  that  was 
an  instance  of  extreme  outrage  by  a  man  upon  a  young 
woman. 

The  legal  career  of  Mr.  Scward  is  illustrated  with  no 
less  justice  than  vigor  in  the  following  sketch  of  his  early 
professional  life,  written  several  years  since  for  one  of  the 
periodicals  of  the  day  :  — 

"The  practice  of  the  law  in  the  country  must  not  be  estimated  by  the 
practice  in  the  city.  Each  has  its  own  advantages  and  difficulties;  it  is  the 
peculiarity  of  the  former,  that  it  at  once  brings  to  the  test,  and  to  the  pub 
lic  view,  the  intrinsic  qualities  of  the  man.  The  crowded  bar,  the  long-de 
ferred  opportunity,  the  deference  to  age  and  experience,  the  overshadowing 
reputation  of  the  seniors  of  the  profession,  and  the  innumerable  natural  or 
conventional  impediments,  •which  so  long  keep  back,  and  so  often  depress 
the  young  aspirant  with  us,  are  felt  in  a  very  mitigated  degree  in  the  interior. 
The  candidate  for  distinction  is  there  summoned  at  once  to  the  arena: 
'naked  steel  is  around  him;1  he  is  thrown  upon  his  own  talents,  energies, 
and  resources,  and  he  stands  and  falls  as  in  his  native  and  unaided  strength. 
To  have  stood  this  trial  successfully,  and,  after  eleven  years  of  arduous 
labors,  to  have  risen  to  the  very  foremost  rank  of  his  profession,  as  did 
Mr.  Seward,  is  in  itself  an  unerring  indication  of  the  high  character  of  the 
object  of  these  remarks.  In  all  our  courts,  and  in  causes  of  every  descrip 
tion,  his  talents  have  been  exercised  and  admired.  He  has  stood  forward 
and  distinguished  himself  with  such  men  as  John  C.  Spencer,  Joshua  A. 
Spencer,  Albert  IT.  Tracy,  and  their  contemporaries  of  the  West,  for  whom 
competition,  if  not  pre-eminence,  may  be  challenged  with  the  Athletes  of 
the  bar  in  any  other  section  of  the  state  or  of  the  country.  Property, 
liberty,  and  life,  have  been  committed  to  the  integrity  and  ability  of  'this 
young  man  of  thirty. three,'  and  he  has  never  faltered  in  his  trust,  nor 
failed  in  an  emergency,  nor  left  unfulfilled  an  expectation/' 

His  most  formidable  competitors  at  the  Auburn  bar, 
during  the  commencement  of  his  practice,  were  Hon.  John 
M.  Hulbert  and  William  Brown,  Esqs.  Both  these  distin 
guished  men  were  accomplished  scholars,  erudite  jurists, 
and  powerful  advocates.  At  this  time  they  were  in  the 


POLITICAL   SYMPATHIES.  29 

dazzling  flush  of  professional  success.  The  brilliancy  of 
their  fame  threw  most  of  their  rivals  into  the  shade.  Many 
excellent  members  of  the  bar  had  been  deterred  by  their 
eminence  from  attempting  to  vie  with  them  in  the  courts. 
But  upon  a  man  like  Mr.  Seward,  their  influence  was  of  a 
contrary  nature.  Their  intellectual  predominance  only 
aroused  his  emulation  ;  nor  did  he  suffer  by  the  comparison. 
Possessing  a  native  independence  of  mind,  he  was  early 
accustomed  to  original  thought.  This  habit  was  strength 
ened  by  severe  discipline.  Attaching  a  due  value  to  the 
suggestions  of  others,  he  still  relied  upon  himself.  Con 
nected  with  this  trait  of  character,  was  a  rigid  habit  of 
industry  ;  he  studied  while  others  slept.  The  time  whicli 
most  men  give  to  recreation  he  devoted  to  strenuous  toil. 
With  such  qualifications,  Mr.  Seward  soon  entered  upon  an 
extensive  and  successful  practice.  His  fame  grew  with  his 
years,  until  he  fills  a  sphere  which  is  surpassed  in  brilliancy 
and  importance  by  that  of  few  of  his  contemporaries,  incon- 
testably  ranking  with  the  first  lawyers  of  the  Union 


CHAPTER  V. 

POLITICS  —  SLAVERY  —  YOUNG   MEN'S    CONVENTION ANTI- 
MASONRY — STATE   SENATOR. 

THE  attention  of  Mr.  Seward  was  early  drawn  to  politi 
cal  affairs.  His  father  was  an  ardent  champion  of  the 
Jeffersonian  democracy.  The  traditionary  instincts  and 
early  prepossessions  of  the  son  were  strongly  in  favor  of 
the  same  principles.  Mr.  Seward,  accordingly,  sympa 
thized  with  the  democratic  party,  believing  that  it  embod 
ied  the  spirit  of  popular  freedom  to  a  greater  extent  than 
any  other  party  of  the  day.  He  was  early  undeceived 
by  experience.  Discovering  that,  under  the  pretence  of 


30  VIEWS   OF  SLAVERY. 

democracy,  the  leaders  of  the  party  were  bent  on  personal 
interests,  irrespective  of  the  rights  of  humanity  and  the 
public  good,  he  left  them  at  once  and  for  ever.  He  has 
attached  but -slight  importance  to  mere  party  names.  The 
diffusion  of  genuine  republican  sentiments  among  the  peo 
ple,  and  their  practical  realization  in  the  institutions  and 
laws  of  his  country,  have  been  the  leading  objects  of  his 
political  life. 

Mr.  Seward  first  had  occasion  to  express  his  convictions 
on  the  subject  of  slavery  during  the  protracted  struggle  on 
the  admission  of  Missouri  into  the  Union.  He  perceived, 
at  that  early  period,  the  subserviency  to  southern  influence 
and  dictation  which  prevailed  in  the  democratic  party  in 
the  state  of  New  York.  From  that  day  to  the  present,  his 
life  has  been  devoted  to  the  principles  of  liberty.  In  his 
view,  freedom  is  national,  and  slavery  sectional.  With 
him  the  purpose  of  the  Union  is  to  establish  the  blessings 
of  equality,  justice,  and  humanity  ;  not  to  enlarge  the  area 
of  bondage  and  oppression.  His  hostility  to  slavery  has 
not  been  the  result  of  policy,  but  of  principle — of  the 
strongest  conviction  of  its  inherent  injustice,  and  its  ten 
dency  to  corrupt  and  destroy  the  noblest  institutions  of  the 
country.  His  rule  of  action  on  the  subject  has  been  uni 
form  from  the  commencement  of  his  political  career.  He 
has  never  suffered  the  fear  of  consequences  to  silence  his 
voice  in  defence  of  freedom,  when  any  practical  benefit 
was  at  stake ;  but  he  has  strictly  avoided  every  act  that 
was  adapted  to  inflict  a  needless  wound  upon  an  opponent, 
or  to  foment  an  unprofitable  excitement. 

In  his  measures  witli  regard  to  slavery,  Mr.  Seward  has 
been  no  fanatic.  Detesting  the  institution,  he  has  waged 
against  it  an  honorable  warfare.  But  he  has  refrained, 
with  scrupulous  care,  from  infringing  on  the  constitutional 
rights  of  slaveholders,  or  depriving  them  of  any  privilege 
to  which  they  are  entitled  by  law.  This  is  the  extent  of 
his  concessions.  He  refuses  to  accord  any  advantage  be- 


THE   ALBANY   REGENCY.  31 

yond  legal  enactment  to  an  institution  which  violates  the 
first  principles  of  natural  right. 

His  position  on  this  sifbject  was  clearly  defined  in  his 
California  speech.* 

"I  feel  assured  that  slavery  must  give  way,  and  will  give  way,  to  the  sal 
utary  instructions  of  economy,  and  to  the  ripening  influences  of  humanity ; 
that  emancipation  is  inevitable,  and  is  near;  that  it  may  be  hastened  or 
hindered ;  and  that  whether  it  be  peaceful  or  violent  depends  upon  the 
question  whether  it  be  hastened  or  hindered;  that  all  measures  which  fortify 
slavery  or  extend  it,  tend  to  the  consummation  of  violence;  all  that  check 
its  extension  and  abate  its  strength,  tend  to  its  peaceful  extirpation.  But 
I  will  adopt  none  but  lawful,  constitutional,  and  peaceful  means,  to  secure 
even  that  end;  and  none  such  can  I  or  will  I  forego.  Nor  do  I  know  any 
important  or  responsible  political  body  that  proposes  to  do  more  than  this. 
No  free  state  claims  to  extend  its  legislation  into  a  slave  state.  None  claims 
that  Congress  shall  usurp  power  to  abolish  slavery  in  the  slave  states.  None 
claims  that  any  violent,  unconstitutional,  or  unlawful  measure  shall  be  em 
braced.  And  on  the  other  hand,  if  we  offer  no  scheme  or  plan  for  the 
adoption  of  the  slave  states,  with  the  assent  and  co-operation  of  Congress,  it 
is  only  because  the  slave  states  are  unwilling  as  yet  to  receive  such  sugges 
tion?,  or  even  to  entertain  the  question  of  emancipation  in  any  form." 

Mr.  Seward's  first  public  action  of  a  political  character 
was  in  1824.  In  October  of  that  year,  he  drew  up  the 
address  of  the  republican  convention  of  Cayuga  county  to 
the  people. f  In  this  document,  he  gave  a  brief  history  of 
the  origin  and  designs  of  the  Albany  regency — a  clique  of 
political  leaders,  wrhich  once  exerted  a  great  and  most  in 
jurious  influence  in  the  state  of  New  York.  He  exposed 
its  system  of  machinery — its  opposition  to  the  electoral 
law,  placing  the  appointment  of  presidential  electors  in  the 
hands  of  the  people,  although  solemnly  pledged  to  its  sup 
port — and  its  intrigues  to  prevent  the  election  of  John 
Quincy  Adarns  to  the  presidency,  and  to  secure  the  ultimate 
election  of  Martin  Yan  Buren.  The  opposition  to  the  Al 
bany  regency,  thus  boldly  commenced  by  the  young  politi 
cian,  was  finally  crowned  with  complete  success.  The 
sources  of  its  influence  were  destroyed,  and  the  power, 

*  Soc  "  Work-  of  William  H.  Sewnrd,"  Vol.  I,  p.  51.     f  See  Vol.  III.,  p.  335. 


32  ORATIONS   AND   SPEECHES. 

which  had  been  centralized  in  its  organization,  was  restored 
to  the  possession  of  the  people. 

On  the  4th  of  July,  1825,  Mr.  Seward  delivered  an  an 
niversary  oration  at  Auburn.*  The  Missouri  Compromise 
and  the  Tariff  of  1824  had  recently  elicited  threats  of  nul 
lification  at  the  south.  In  this  oration,  Mr.  Seward  took 
the  same  position  on  several  important  political  questions, 
which  he  has  maintained  to  the  present  day.  He  argued 
the  capacity  of  the  government  for  the  extension  of  empire, 
asserting  the  perpetuity  of  the  Union  on  the  same  grounds 
that  have  been  advanced  in  his  later  productions.  An 
nouncing  his  devotion  to  the  great  principles  of  emancipa 
tion,  he  insisted  that  the  United  States  should  be  a  "  city  of 
refuge"  for  the  oppressed  and  down-trodden  of  every  nation. 

In  1826  and  1827,  the  Greek  revolution  awakened  a  gen 
eral  sympathy  in  the  United  States.  A  meeting  of  citizens 
of  Auburn  was  held  in  February,  1827,  for  the  purpose  of 
rendering  aid  to  the  struggling  Greeks.  Mr.  Seward  was 
invited  to  deliver  a  speech  on  this  occasion.!  The  subject 
was  congenial  to  his  feelings,  and  he  gladly  consented  to 
the  request.  With  characteristic  eloquence,  he  defended 
the  cause  of  liberty  in  other  lands — asserting  its  claims  on 
American  sympathy,  in  the  same  line  of  argument  which  he 
afterward  reproduced  in  behalf  of  Ireland  and  Hungary. 
His  vigorous  and  glowing  appeal  was  met  by  the  people  to 
whom  it  was  addressed  with  a  munificent  liberality  which 
was  elsewhere  without  a  parallel. 

In  July,  1828,  Mr.  Seward  was  invited  by  the  members 
of  the  Adelphic  society  of  Union  college,  to  deliver  a  eulo 
gy  on  David  Berdan,  J  a  member  of  the  society,  who  died  on 
his  passage  from  London  to  Boston,  July  20, 1827.  It  was 
a  sincere  and  eloquent  tribute  to  the  memory  of  an  esteemed 
companion  and  friend.  The  monument  erected  to  young 
Berdan,  still  forms  an  interesting  object  to  those  who  visit 
the  college  grounds  at  Schenectady. 

*  See  Vol.  III.,  p  193.     f  See  Vol.  III.,  p.  197.     \  See  Vol.  III.,  p.  117 


NOMINATION  FOR  CONGRESS.  88 

The  year  1828  is  distinguished  as  the  period  when  the 
young  men  of  our  country  first  made  an  effort  to  exert  a 
personal  influence  on  national  politics.  A  convention  of 
the  young  men  of  New  York  in  favor  of  the  re-election  of 
John  Quincy  Adams  to  the  presidency  was  held  at  Utica, 
oil  the  12th  of  August.  It  was  one  of  the  largest  political 
conventions  ever  assembled  in  the  Empire  state.  Four 
hundred  delegates,  in  the  flower  and  freshness  of  youth, 
were  present  at  the  session,  which  continued  for  several 
days.  Mr.  Seward  was  called  to  preside  over  its  delibera 
tions.  He  fulfilled  the  duties  of  the  office  with  marked 
ability.  Though  only  twenty-seven  years  of  age,  he  exhib 
ited  a  dignity,  decision,  and  courtesy,  which  would  have 
done  honor  to  an  experienced  statesman.  He  left  a  singu 
larly  favorable  impression  on  the  minds  of  his  colleagues, 
who,  with  scarcely  an  exception,  have  adhered  to  the  polit 
ical  principles  of  that  convention,  until  the  present  time. 
Many  of  the  most  prominent  men  in  New  York  date  their 
interest  in  politics  from  the  young  men's  state  convention, 
and  have  since  exerted  an  influence  which  led  to  a  decisive 
change  in  the  policy  and  relation  of  parties  in  the  state. 

The  election  of  General  Jackson  to  the  presidency  in 
1828  dissolved  the  national  republican  party  in  Western 
New  York,  with  which  Mr.  Seward,  as  an  ardent  supporter 
of  John  Quincy  Adams,  had  been  identified.  Meantime, 
the  anti-masonic  party  had  risen  into  consequence,  and 
though  of  local  origin,  and  acting  in  a  limited  field,  for  sev 
eral  years,  it  formed  the  only  opposition  in  Western  New 
York  to  the  Albany  regency  and  the  Jackson  administra 
tion.  In  1828,  this  party  tendered  a  nomination  as  mem 
ber  of  Congress  to  Mr.  Seward,  which  he  declined,  on  ac 
count  of  the  obligation  that  he  felt  to  support  the  national 
republican  party.  On  the  overthrow  of  the  latter  party, 
Mr.  Seward  and  his  friends,  sympathizing  with  the  citizens 
who  were  engaged  in  vindicating  the  supremacy  of  the  laws, 
naturally  united  with  the  anti-masons,  as  affording  the  best 

2* 


34  ELECTION   TO   THE   STATE   SENATE. 

position  for  a  successful  resistance  of  the  national  and  state 
administrations.  Among  his  political  associates  at  that 
time,  were  Frederic  Whittlesey,  Thurlow  Weed,  Francis 
Granger,  John  C.  Spencer,  Millard  Fillmore,  and  other  dis 
tinguished  public  men  of  the  present  day. 

In  1830,  Mr.  Seward  was  nominated  by  the  anti-masonic 
party  as  a  candidate  for  the  state  senate,  from  the  seventh 
district,  comprising,  at  that  time,  the  counties  of  Onondaga, 
Cayuga,  Cortland,  Seneca,  Ontario,  Wayne,  and  Yates. 
The  nomination  was  unexpected,  but  he  did  not  feel  at  lib 
erty  to  decline  it.  Although  the  district  had  given  a  large 
Jackson  majority  the  preceding  year,  and  the  anti-masonic 
candidate  for  governor,  Francis  Granger,  was  defeated,  at 
the  same  election,  by  a  majority  of  eight  thousand,  Mr. 
Seward  was  elected  to  the  senate  by  the  handsome  majority 
of  two  thousand  votes.  In  Cayuga  county,  where  he  re 
sided,  the  democratic  party  had  long  enjoyed  a  decided  as 
cendency,  but  still  a  majority  of  the  senatorial  votes  were 
cast  for  Mr.  Seward. 


CHAPTER   VI. 

STATE  SENATOR THE   ALBANY  REGENCY CANALS — BANKS 

MILITIA  —  UNITED  STATES  BANK PRISONS CORPORATIONS. 

MR.  SEWARD  took  his  seat  in  the  state  senate,  in  January, 
1831.  This  was  his  first  election  to  civil  office.  He  had 
always  regarded  the  career  of  a  statesman,  as  affording 
scope  for  the  accomplishment  of  noble  deeds  in  behalf  of 
freedom  and  humanity.  Hence,  he  cheerfully  exchanged 
the  routine  of  legal  practice  for  the  functions  of  the  legisla 
tor.  He  was,  probably,  the  youngest  member  that  ever 
entered  the  New  York  senate,  having  not  yet  completed 
his  twenty-ninth  year.  In  spite  of  his  youth,  he  soon  at- 


COURSE   IN  THE   SENATE.  35 

tained  an  honorable  distinction  among  his  colleagues.  With 
an  almost  juvenile  ardor  of  temperament,  inspired  with  a 
generous  ambition,  cherishing  the  deepest  sentiments  of  pa 
triotism  and  philanthropy,  a  champion  of  liberty  and  popu 
lar  rights,  despising  the  vulgar  arts  of  hackneyed  politicians, 
and  filled  with  an  enthusiastic  faith  in  the  ultimate  triumph 
of  truth  and  justice — Mr.  Seward  came  into  the  senate  of 
his  native  state,  a  new  man,  fresh  from  the  living  masses 
of  the  people,  and  breathed  over  that  body  a  spirit  of  vital 
ity  and  progress,  of  which  the  influence  remains  to  the  pres 
ent  day.  His  course  at  once  assumed  the  character  of 
boldness  and  originality  which  it  still  sustains.  It  was  not 
shaped  in  accordance  with  traditional  prescriptions,  but 
following  the  impulses  of  an  inventive  mind,  sought  to  de- ' 
velop  new  measures  of  public  good,  and  larger  enfranchise 
ments  for  the  people. 

The  circumstances,  however,  under  which  Mr.  Seward 
entered  the  senate  were  adapted  to  discourage  an  ingenu 
ous  and  earnest  spirit.  The  Jackson  party  were  in  posses 
sion  of  unlimited  sway.  Wielding  the  vast  patronage  of 
the  federal  and  state  governments,  their  influence  was  as 
extensive  as  it  was  pernicious.  The  Albany  regency,  knit 
into  a  unit  by  the  passion  for  office  and  its  attending  emol 
uments,  ruled  tho  state  with  an  iron  rod.  With  the  ap 
pointing  power,  to  a  great  degree,  in  their  hands — control 
ling  the  currency  by  their  connection  with  the  banks — 
retaining  well-disciplined  emissaries  in  every  county  and 
town  to  carry  their  plans  into  effect — this  central  junta 
had  but  to  touch  the  springs  at  Albany,  to  produce  any  de 
sired  movement  in  the  remotest  corner  of  the  state.  A 
large  majority  of  the  legislature  were  the  supple  tools  of 
the  regency,  ready  to  enact  such  measures  as  might  be 
deemed  necessary  to  maintain  the  preponderance  already 
secured. 

Mr.  Seward  threw  himself  fearlessly  into  the  opposition, 
He  soon  became  its  acknowledged  leader.  Among  ths 


36  EARLY   EFFORTS   FOR  REFORMS. 

debates  in  which  he  took  a  prominent  part,  were  those  re 
lating  to  internal  improvements  and  universal  education. 
He  labored  strenuously  in  behalf  of  the  common  school  sy_s_- 
tem.  He  urged  the  abolition  of  imprisonment  for  debt(1  the 
melioration^)?  prison  discipline,  and  the  establishment  of  a 
separate  penitentiary  for  female  convicts  .  The_con  struc- 
tioa_QfJtho  Chenanga  canal 


He  opposed  the  transfer  of  the  salt  duties  from  the  canal 
fund  to  the  general  fund,  but  voted  for  their  reduction. 
He  sustained  the  bill  for  making  the  stockholders  in  com 
mercial  companies  personally  liable,  but  not  in  manufactur 
ing  companies.  He  opposed  increasing  the  salaries  of  the 
higher  judicial  officers,  and  introduced  important  amend- 
,ments  of  the  law  in  relation  to  surrogates.  But  few  bank 
charters  obtained  his  vote.  Governor  Marcy's  great  loan 
law*  met  with  his  vehement  opposition.  He  made  a  pow 
erful  speech  against  executive  interference  with  the  United 
States  bank,  and  against  the  removal  of  the  deposites  ;f 
while  he  supported  General  Jackson's  measure  in  regard 
to  southern  nullification.  Mr.  Seward  was  one  of  the  ear 
liest  friends  of  the  New  York  und  Erie  railroad  ;$  lending 
it  his  aid  in  all  its  vicissitudes,  until  it  was  at  length 

'  O 

brought  to  a  triumphant  completion. 

Mr.  Seward's  first  parliamentary  effort  was  his  speech 
on  the  militia  bill,§  delivered  on  the  7th  of  February,  1831. 
In  this  speech,  he  proposed  a  thorough  revision  of  the  mili 
tia  system,  substituting  volunteer  uniformed  companies  for 
the  general  performance  of  military  duty.  His  views  were 
characterized  by  the  far-reaching  wisdom,  the  lively  sense 
of  the  progressive  wants  of  the  age,  which  have  often  placed 
him  in  advance  of  his  compeers,  as  an  advocate  of  benefi 
cent  reforms.  At  first  his  suggestions  failed  to  command 
assent  ;  but  they  awakened  discussion  ;  and  nearly  twenty 
years  afterward  were  adopted  in  substance. 

*  See  Vol.  I.,  p.  37.  f  See  Vol.  L,  p.  14. 

\  See  Vol.  II  F..  p.  30fi.         §  See  Vol.  I.,  p.  1,  nlso  p.307of  this  volume. 


REPUBLICAN   PRINCIPLES.  87 

In  March  of  the  same  year,  a  bill  was  introduced  author 
izing  an  appropriation  to  collect  materials  for  a  colonial 
history  of  New  York.  It  was  supported  by  Mr.  Seward 
in  a  brief  but  earnest  speech.  He  maintained  that  the  offi 
cial  documents,  relating  to  the  early  history  of  the  state, 
contained  in  the  archives  of  several  European  governments, 
especially  of  Great  Britain,  Holland,  and  France,  should 
be  collected  by  competent  agents  and  embodied  in  a  colo 
nial  history.  His  plan  was  adopted,  and  subsequently  car 
ried  into  effect  during  his  administration  as  governor.  The 
result  was  the  publication  of  four  large  volumes  of  the  Docu 
mentary  History  of  New  York,  which  appeared  during  the 
administration  of  his  successors,  Governors  Fish  and  Hunt. 

The  next  important  speech  of  Mr.  Seward  was  on  the 
election  of  mayor  of  the  city  of  New  York.*  This  was  de 
livered  on  the  23d  of  April.  Under  the  first  constitution 
the  mayors  and  recorders  of  cities  were  chosen  by  the 
council  of  appointment  at  Albany.  Under  the  new  consti 
tution  of  1821,  mayors  were  chosen  by  the  common  council, 
and  recorders  were  appointed  by  the  governor  and  senate. 
The  new  charter  of  New  York  gave  the  mayor  a  veto  on 
the  acts  of  the  common  council.  A  petition  was  presented 
to  the  legislature  by  the  citizens  for  a  change  in  the  consti 
tution,  giving  the  election  of  mayor  directly  to  the  people. 
This  was  opposed  by  the  dominant  party.  They  brought 
in  a  resolution  providing  that  mayors  should  be  chosen  in 
sucli  manner  as  the  legislature  should  direct.  Mr.  Seward 
.took  decided  ground  in  favor  of  the  New  York  petition. 
Arguing  on  the  merits  of  the  question,  he  contended  that 
not  only  in  New  York,  but  in  all  cities,  the  mayors  should 
be  chosen  by  the  people.  This  was  in  accordance  with  his 
democratic  principles,  which  have  always  led  him  to  claim 
the  largest  extent  of  privilege  for  the  people.  His  views 
were  finally  adopted  in  the  legislature  of  the  state. 

During  the  same  session  he  materially  aided  the  bill  for 

*  See  Vol.  L,  j>.  10. 


THE   UNITED   STATES   BANK. 

the  abolition  of  imprisonment  for  debt,  which  at  length 
passed  ;  while  the  measure  was  fully  completed,  as  will  be 
seen  in  the  sequel,  under  his  subsequent  administration. 

At  the  close  of  the  session  Mr.  Seward  was  appointed  to 
draw  up  the  address  to  the  people  of  the  minority  of  the 
legislature.  In  this  address*  he  reviewed  the  financial 
condition  of  the  state,  and  exposed  the  mismanagement  of 
the  treasury.  He  showed  the  radical  defects  of  the  safety 
fund  system,  which  under  partisan  control  gave  the  govern 
ment  of  the  state  to  the  Albany  regency.  This  monopoly, 
was  overthrown  by  the  whigs  on  their  accession  to  power 
in  1837,  and  the  freedom  of  banking,  under  suitable  safe 
guards,  permitted  to  all  citizens.  The  controversy  between 
New  York  and  New  Jersey  was  at  that  time  a  source  of 
much  excitement.  The  address  exposed  the  conduct  of  the 
executive,  showing  that  it  amounted  to  virtual  nullification. 

On  the  4th  of  July,  1831,  Mr.  Seward  delivered  an  anni 
versary  orationf  before  the  citizens  of  Syracuse.  He  took 
for  his  subject,  The  Prospects  of  the  United  States.  In  a 
strain  of  masculine  eloquence,  he  defended  the  American 
people  against  the  charge  of  national  vanity  and  presump 
tion,  and  uttered  a  stirring  appeal  for  the  cultivation  of 
public  virtue  and  the  spirit  of  devotion  to  the  Union. 

The  meeting  of  the  legislature  in  1832  again  found  Mr. 
Seward  at  his  post.  He  entered,  with  his  habitual  zeal, 
upon  the  great  questions  which  then  agitated  the  public 
mind.  Relying  upon  the  soundness  of  his  principles,  he 
boldly  maintained  the  conflict  against  a  majority  so  over 
whelming,  that,  to  a  less  ardent  temperament  than  his  own, 
opposition  would  have  seemed  hopeless. 

A  resolution  was  brought  into  the  senate,  at  the  com 
mencement  of  the  session,  against  renewing  the  charter  of 
the  United  States  bank.  Soon  after,  a  substitute  was  pro 
posed,  declaring  the  necessity  of  a  national  bank  for  the 
collection  of  the  public  revenue,  and  the  preservation  of  a 

*  See  Vol.  III.,  p.  338.  f  See  Vol.  III.,  p.  200. 


PHILANTHROPIC   EFFORTS.  39 

sound  and  uniform  currency.  On  the  31st  of  January,  Mr. 
Seward  delivered  a  speech  in  support  of  the  proposed  sub 
stitute.  This  was  his  first  elaborate  effort  in  the  legisla 
ture.  Having  given  a  minute  history  of  the  United  States, 
he  discussed  the  fiscal  system  of  the  government,  and 
exposed  the  fallacy  of  Gen.  Jackson's  objections  to  the 
renewal  of  the  bank  charter.  His  line  of  argument  was 
substantially  the  same  as  that  pursued  by  Mr.  Clay  and  Mr. 
Webster  in  the  United  States  senate.  His  speech  produced 
a  marked,  sensation  throughout  the  country.  The  question 
was  new  and  exciting ;  it  took  strong  hold  of  public  feel 
ing,  and  great  satisfaction  was  expressed  by  the  opponents 
of  the  federal  administration  on  the  appearance  of  this 
powerful  appeal  in  its  favor.  Combined  with  the  discus 
sions  on  internal  improvements  and  state  banks,  the  speech 
of  Mr.  Seward  and  that  of  Mr.  Maynard,  on  the  same  sub 
ject,  had  the  effect  of  concentrating  the  opposition  to  the 
Albany  regency  and  Jackson's  administration,  in  an  organ 
ized  system.  This  was  the  origin  of  the  political  body  which 
two  years  afterward,  took  the  name  of  the  Whig  Party. 

On  the  20th  of  March,  the  question  came  up  on  the 
establishment  of  a  separate  penitentiary  for  female  convicts. 
In  his  speech  on  this  subject,  Mr.  Seward  took  the  broad 
est  grounds  of  Christian  philanthropy.  He  argued  that 
the  imprisonment  of  women  in  penitentiaries  adapted  only 
to  the  other  sex,  and  under  the  exclusive  management  of 
men,  was  inhuman,  and  at  war  with  the  benevolent  spirit 
of  the  age.  He  showed  the  benefits  which  the  convicts 
would  derive  from  the  kind  and  judicious  care  of  persons 
of  their  own  sex.  The  prison,  he  maintained,  should  be 
made  a  house  of  refuge,  rather  than  a  place  of  punishment, 
where  its  unfortunate  inmates  might  find  protection  from 
the  wrongs  they  had  received,  in  most  cases  at  the  hands 
of  men ;  where  they  might  receive  instruction  and  guid 
ance —  be  inspired  with  new  hopes,  and  prepared  to  return 
to  society  with  the  prospect  of  honor  and  happiness.  The 


40  PRESIDENTIAL  ELECTION   OF    1832. 

measure,  which  was  carried,  owed  its  success  to  the  exer 
tions  of  Mr.  Seward,  greatly  aided,  however,  by  the  efficient 
co-operation  of  Mr.  M'Donald  of  Westchester  county. 

In  a  speech  during  this  session  on  granting  a  charter  to 
a  whaling  company,  Mr.  Seward  made  a  vigorous  attack  on 
the  tendency  of  legislation  to  corporate  monopolies  for 
banking,  canals,  railroads,  and  similar  purposes.  His 
effects  were  not  supported,  and  for  a  time  proved  unavail 
ing.  But  the  good  seed  has  since  ripened.  The  present 
system  of  opening  every  branch  of  business  to,  voluntary 
association,  without  legislative  interference,  is  the  fruit  of 
the  principles  he  then  maintained,  and  is  an  ample  vindica 
tion  of  their  soundness  and  utility. 

At  the  close  of  the  session  of  1832,  Mr.  Seward  was 
again  appointed  to  prepare  the  address  of  the  minority  of 
the  legislature  to  their  constituents.  In  this  document  he 
resumed  the  discussion  of  the  fiscal  affairs  of  the  state, 
showing  the  abuses  of  the  administration  in  management 
of  the  public  funds  for  political  purposes,  exposing  the  mis 
conduct  of  the  legislature  in  the  incorporation  of  banking 
monopolies,  and  predicting  the  ruin  of  the  banks  from  the 
policy  pursued.  His  prophecy  was  in  due  time  fulfilled. 


CHAPTER    VII. 

STATE  SENATOR PRESIDENTIAL  ELECTION VISIT  TO  EU 
ROPE —  RETURN  TO  THE  SENATE  —  REMOVAL  OF  DEPOS- 
ITES  —  COURT  OF  ERRORS  —  LAFAYETTE. 

IN  the  presidential  campaign  of  1832,  Mr.  Seward  gave 
his  support  to  the  electors  who  were  to  vote  for  either  Mr. 
WIRT  or  Mr.  CLAY  as  their  vote  should  prove  effective. 
He  has  since  repeatedly  supported  Mr.  Clay  as  a  candidate 
for  the  presidency,  although  it  is  known  that  he  always 


VISIT  TO   EUROPE.  41 

foresaw  his  defeat,  and  it  is  therefore  questionable  whether 
that  eminent  statesman  was  ever  his  first  choice. 

At  the  legislative  session  for  this  year,  Mr.  Seward  took 
a  still  more  prominent  share  in  the  proceedings  of  the  sen 
ate.  The  nomination  of  Mr.  Tallmadge,  then  a  member 
of  the  senate,  to  the  office  of  United  States  senator,  called 
forth  the  discussion  of  an  important  constitutional  question. 
A  clause  in  the  state  constitution  prohibited  any  member 
of  the  legislature  from  receiving  office  at  the  hands  of  that 
body,  during  the  term  for  which  he  was  elected.  The 
attorney-general,  to  whom  the  question  of  eligibility  had 
been  submitted,  decided  in  favor  of  Mr.  Tallmadge.  This 
decision  was  controverted  by  Mr.  Seward  in  a  speech  of 
remarkable  power  of  logic  and  eloquence.  He  was  over 
ruled  by  a  strictly  party  vote ;  but  one  can  hardly  read  his 
speech  without  being  convinced  that  the  appointment,  made 
for  temporary  political  purposes,  was  a  violation  of  the 
constitution. 

The  nullification  movements  in  the  South  were  brought 
before  the  attention  of  the  senate  in  February,  1833.  On 
the  16th  of  that  month,  Mr.  Seward  introduced  a  series  of 
resolutions,  maintaining  that  Congress  should  be  governed 
by  a  strict  construction  of  the  powers  intrusted  to  the 
general  government.  In  his  speech  sustaining  the  reso 
lutions,  he  rebuked  the  democratic  party  in  the  state  for 
their  disposition  to  tamper  with  the  principles  of  nullifi 
cation,  while  professing  to  support  Gen.  Jackson's  meas 
ures,  which  threatened  the  nullifiers  with  the  penalty  of 
treason. 

During  this  session,  Mr.  Seward  took  part  in  the  discus 
sions  on  the  navigation  of  the  Hudson,  and  on  the  increase 
of  judicial  salaries. 

On  the  1st  of  June,  1833,  Mr.  Seward  sailed  for  Europe 
in  company  with  his  father.  They  made  a  rapid  tour 
through  parts  of  the  United  Kingdom,  Holland,  Germany, 
Switzerland,  Sardinia,  and  France.  During  his  absence  ho 


42  LETTERS  FROM  EUROPE. 

wrote  home  a  series  of  letters,*  describing  the  countries 
that  he  visited,  which  were  afterward  published  anony 
mously  in  the  Albany  Evening  Journal.  After  about  forty 
of  the  scries  had  appeared,  their  publication  was  arrested, 
under  circumstances  which  can  not,  perhaps,  be  better 
explained  than  by  inserting  the  following  extract  from  the 
Journal  of  that  date  :  — 

"LETTERS  FROM  EUROPE.  —  In  reply  to  numerous  inquiries  for  these  letters, 
it  is  proper  to  say  that  their  publication  was  arrested  by  the  'veto'  of  the 
gentleman  who  wrote  them.  It  is  already  known  to  some  of  our  readers 
that  the  author  of  these  letters  is  the  whig  candidate  for  governor.  They 
were  hastily  written  to  several  of  his  intimate  friends,  while  making  a  tour 
upon  the  continent.  On  his  return,  the  friends  of  Mr.  Seward  earnestly 
desired  the  publication  of  these  letters  in  a  more  durable  form,  but  this 
was  declined.  After  much  importunity,  however,  he  yielded  a  reluctant 
consent  to  their  anonymous  publication  in  the  'Evening  Journal.'  The 
series,  thus  commenced,  were  continued,  contributing  to  the  interest  of  our 
readers,  and  adding  new  names  to  our  subscription,  until  the  whig  state 
convention  placed  their  author  in  a  new  relation  to  the  public;  when,  un 
willing,  we  suppose,  to  superadd  to  other  offences  the  heinous  one  of  wri 
ting  'Letters  from  Europe,'  he  desired  us  to  suspend  their  publication. 

"From  this  decision  of  the  author,  our  readers  have  appealed  to  the  edi 
tor.  Having  read  a  portion  of  these  letters,  they  insist  upon  the  publica 
tion  of  the  entire  series.  They  do  not,  nor  can  we  discover,  in  the  whig 
nomination  for  governor,  a  sufficient  reason  for  cutting  off  this  source  of 
interest  and  instruction.  And  besides,  the  assent  of  the  author  to  the  publi 
cation  of  the  whole  series,  having  been  obtained  before  his  nomination  for 
governor,  we  insist  that  he  has  not  now  the  right  to  revoke  it. 

"Under  these  circumstances,  and  at  the  general  solicitation  of  our  read 
ers,  we  take  the  responsibility  of  resuming  the  publication  of  our  'Letters 
from  Europe.'  It  is  due,  however,  to  Mr.  Seward,  to  say,  that  they  were 
written  solely  for  the  gratification  of  his  own  family  and  a  few  intimate 
friends,  without  the  slightest  expectation  that  they  would  ever  be  given  to 
the  public.  If  any  of  his  political  opponents  should  think  proper  to  find 
fault  witli  these  letters,  we  shall  respectfully  inquire  who  among  them  pos 
sesses  (he  industry  and  the  talent  to  have  travelled  through  England,  Ire 
land,  Scotland,  Holland,  Switzerland,  Germany,  and  France,  within  a  period 
of  less  than  three  months,  and  produce  nearly  eighty  letters  (filling  upward 
of  nine  hundred  manuscript  pages)  of  equal  interest  and  intelligence?" 

These  letters  exhibit  a  refined  taste,  great  acuteness  of 
observation,  and  a  genial  sympathy  with  the  grand  and 

*  See  Vol.  in. 


THE  REMOVAL  OP  THE  DEPOSITES.          43 

beautiful  in  nature.  The  reputation  of  the  writer  was  en 
hanced  by  the  avowal  of  their  authorship. 

Mr.  Seward  returned  from  his  European  tour  in  season 
to  take  his  seat  in  the  senate,  at  the  opening  of  the  session 
of  1834.  The  public  attention  was  occupied  with  impor 
tant  questions  both  of  national  and  of  state  politics.  In 
the  controversy  relating  to  the  United  States  bank,  Mr. 
Seward  took  a  leading  part,  and  by  his  vigorous  and  elo 
quent  appeals  produced  a  strong  impression  upon  the  pub 
lic  mind. 

The  removal  of  the  deposites  by  Gen.  Jackson  took 
place  in  September,  1833.  Mr.  Van  Buren  was  then  vice- 
president,  and  in  order  to  promote  his  claims  to  the  presi 
dency,  it  was  deemed  essential  to  obtain  the  approval  of 
the  New  York  legislature  for  the  measures  of  Gen.  Jack 
son.  Joint  resolutions  were  accordingly  introduced  by 
the  administration  party  in  January,  1834,  approving  the 
removal  of  the  deposites,  instructing  the  senators  and  rep 
resentatives  in  Congress  to  oppose  the  renewal  of  the  bank 
charter,  and  ascribing  the  financial  distress  of  the  country  to 
the  influence  of  .that  institution.  These  resolutions  passed 
the  assembly  by  a  large  majority.  Not  a  voice  was  raised 
in  opposition  to  them.  In  the  senate,  however,  they  met 
with  a  different  reception.  With  a  deep  conviction  of 
duty,  and  in  spite  of  the  remonstrance  of  his  friends,  Mr. 
Seward  broke  the  ominous  silence,  and,  in  an  elaborate 
speech,*  opposed  the  passage  of  the  resolutions.  This 
speech,  which  was,  on  the  whole,  the  most  powerful  effort 
of  his  intellect  and  legislative  experience  during  his  career 
in  the  New  York  senate,  occupied  a  part  of  two  days  in 
the  delivery.  It  was  forcible  and  conclusive  in  argument, 
pointed  and  brilliant  in  expression,  and  adorned  with  the 
appropriate  embellishments  of  historical  and  classic  illus 
tration.  Its  effect,  not  only  on  the  senate,  but  throughout 
the  state,  was  of  so  decided  a  character,  that  several  sen- 

*  See  Vol.  L,  p.  14. 


44  GOVERNOR  MARCY'S  LOAX-BILL. 

ators  of  the  opposite  party  attempted  to  set  aside  its  influ 
ence  by  formal  replies.  This  called  forth  Mr.  Seward  in  a 
rejoinder  on  the  24th  of  January,  on  which  occasion  he 
indulged  in  a  severity  of  remark  to  which  he  was  not  ac 
customed,  and  for  the  only  time  in  his  public  life,  noticed  the 
personal  attacks  of  which  he  had  been  made  the  subject. 

The  evils  which  Mr.  Seward  had  predicted  in  conse 
quence  of  the  removal  of  the  deposites,  spread  over  the 
country  with  fearful  rapidity.  Before  the  close  of  the  ses 
sion,  a  severe  financial  pressure  was  felt  everywhere. 
Commencing  among  the  mercantile  classes,  it  soon  extended 
to  every  department  of  business  and  industry.  Public 
meetings  were  called  to  express  the  prevailing  dissatisfac 
tion,  and  to  avert  further  calamity.  Committees  were  ap 
pointed  to  implore  relief  of  the  president  and  Congress. 
As  a  suitable  measure  to  alleviate  the  general  pecuniary 
distress,  Governor  Marcy  recommended  the  issue  of  six 
millions  of  stock,  to  be  sold  on  account  of  the  state.  A 
bill  to  this  effect  was  introduced  into  the  legislature, 
providing  that  four  millions  of  the  avails  of  this  stock 
should  be  loaned  to  safety-fund  banks,  and  the  remainder 
to  individuals,  on  bond  and  mortgage.  Mr.  Seward  de 
nounced  the  measure  in  an  admirable  speech,*  delivered  on 
the  10th  of  April,  1834.  The  design  of  the  bill  was  to 
operate  favorably  for  the  administration  at  the  ensuing  fall 
election.  This  resulted  in  the  re-election  of  Gov.  Marcy ; 
no  stock  was  issued,  and  the  measure,  having  accomplished 
its  purpose,  passed  into  oblivion. 

The  last  speech  of  Mr.  Seward  in  the  senate  related  to 
the  chartered  rights  of  the  city  of  Albany.  It  was  a  tem 
perate  and  logical  performance,  but  failed  to  prevent  the 
passage  of  a  law,  which  in  his  view,  was  a  violation  of  the 
rights  of  the  city.  At  the  close  of  the  session,  he  was  for 
the  third  time  designated  to  draw  up  the  usual  addressf  of 
the  minority  of  the  legislature  to  the  people  of  the  state. 

*  See  Vol.  I.,  p  37.  f  See  V()1-  1IT->  P-  3*9- 


THE   COURT   OF   ERRORS.  45 

The  two  great  parties  on  national  and  state  questions  were 
now  fully  organized.  A  general  trial  of  strength  was  to  be 
made  in  the  approaching  election.  The  result  of  this  strug 
gle  would  indicate  the  probable  issue  of  the  presidential 
election  which  was  to  take  place  in  1836.  The  address, 
accordingly,  went  into  a  thorough  exposition  and  defence 
of  the  whig  policy,  and  with  this  document,  were  concluded 
the  services  of  Mr.  Seward  in  the  legislature  of  New  York. 
The  court  of  errors,  which  was  the  court  of  final  appeal 
in  New  York,  from  1775  to  1846,  was  an  institution  copied 
from  the  English  house  of  lords.  It  consisted  of  the  chan 
cellor,  the  judges  of  the  supreme  court,  and  the  members 
of  the  senate.  In  the  case  of  appeals  from  chancery,  the 
chancellor  gave  his  reasons  for  the  decree  he  had  made, 
but  did  not  vote.  In  acting  on  judgments  of  the  supreme 
court,  the  judges  explained  the  grounds  of  their  decision, 
but  did  not  vote.  Mr.  Seward,  although  at  that  time  the 
youngest  member  of  the  court,  took  a  leading  part  in  its 
proceedings.  His  course  was  distinguished  for  its  indepen 
dence,  although  he  never  forgot  the  courtesy  due  to  his  sen 
iors.  With  remarkable  power  of  analysis  and  accuracy  of 
research,  he  made  himself  master  of  every  case,  that  was 
presented  for  decision.  An  opinion  pronounced  by  him  in 
the  case  of  Parks  vs.  Jackson  affords  an  illustration  of  his 
character  as  a  judge.  In  that  case,*  a  technical  rule  had 
been  applied  by  the  supreme  court,  in  such  a  manner  as  to 
deprive  tenants  of  valuable  estates  for  which  they  had  con 
tracted  and  paid  in  good  faith.  The  reasons  for  this  decis 
ion  were  assigned  by  Mr.  Justice  Nelson,  of  the  supreme 
court,  afterward  chief  justice,  and  now  a  judge  of  the  Uni 
ted  States  supreme  court.  Chancellor  Walworth  followed 
in  an  opinion,  in  which  he  defended  the  judgment  of  the 
supreme  court.  Mr.  Seward  then  arose  and  delivered  an 
adverse  opinion,  and  on  the  question  being  taken  on  rever 
sing  the  judgment,  all  the  members  of  the  court,  with  the 

*  Wendell's  Report*,  Vol.  XI,  p.  456. 


46  CANDIDATE   FOR   GOVERNOR. 

exception  of  the  chancellor,  voted  in  the  affirmative.  This 
seems  to  have  been  a  case  where  the  technicalities  of  the 
law  came  in  conflict  with  justice.  Mr.  Seward,  prompted 
by  a  noble  sentiment  of  right,  vindicated  the  claims  of  jus 
tice,  against  the  arbitrary  rules  of  law,  carrying  the  whole 
court  with  him,  in  spite  of  their  previous  intentions. 

On  the  16th  of  July,  1834,  Mr.  Seward  delivered  a  eulo 
gy*  on  the  life  and  character  of  Lafayette,  before  the  citi 
zens  of  Auburn.  This  was  a  chaste  and  beautiful  produc 
tion.  It  presented  an  admirable  analysis  of  the  character 
of  Lafayette,  with  a  discriminating  review  of  the  principles 
of  the  American  Revolution,  and  of  the  successive  phases  of 
French  politics  from  the  death  of  Louis  XVI.  An  account 
of  a  recent  personal  conversation  between  Mr.  Seward  and 
Lafayette,  added  greatly  to  the  interest  of  the  discourse. 


CHAPTEE   VIII. 

CANDIDATE   FOR   GOVERNOR  —  DEFEAT  —  AGENT   OF    HOLLAND 

LAND     COMPANY EDUCATION INTERNAL    IMPROVEMENTS 

—  THE   NEW  YORK   AND   ERIE   RAILROAD  —  CANDIDATE   FOR 
GOVERNOR  —  ELECTION. 

As  the  autumn  of  1884  approached,  when  the  election  of 
governor  was  to  be  made  by  the  people,  the  whig  party 
were  in  anxious  search  of  a  suitable  candidate  for  the  im 
portant  crisis.  They  were  not  wanting  in  men,  whose  po 
litical  experience,  distinguished  ability,  and  brilliant  repu 
tation,  eminently  qualified  them  for  the  office.  Of  these, 
some  had  already  been  candidates  and  had  suffered  defeat. 
Others  lacked  the  elements  of  popularity  that  were  essen 
tial  to  success.  The  general  impression  of  the  party  favor 
ed  the  selection  of  a  new  man.  The  younger  portion  of 

*  See  Vol.  III.,  p.  25. 


EDUCATION   AND    INTERNAL   IMPROVEMENTS.  47 

the  wliigs  were  earnestly  desirous  that  the  candidate  should 
be  taken  from  their  ranks.  Mr.  Seward's  distinguished  sen 
atorial  career  had  made  him  prominent  before  the  party 
and  the  state.  His  bold  attacks  on  the  policy  of  the  ad 
ministration  had  won  the  gratitude  and  the  admiration  of 
the  wliigs.  It  was  mainly  through  his  efforts,  that  the  party 
had  been  organized,  and  no  one  was  better  fitted  than  him 
self  to  take  the  position  of  their  acknowledged  leader. 

Accordingly,  at  the  whig  state  convention  held  in  Utica, 
September  13, 1834,  Mr.  Seward  was  nominated  as  a  can 
didate  for  governor.  The  election  came,  and  he  was  de 
feated.  The  result  showed  that  the  whig  party  had  not 
been  able  to  put  forth  its  full  strength.  It  had  not  yet 
gained  confidence  in  its  own  power  to  cope  with  a  party 
that  had  never  been  overthrown,  and  was  sustained  by  the 
monetary  influence  of  the  state  and  the  vast  patronage  of 
the  national  government.  Mr.  Seward  received  a  flattering 
vote,  and  led  his  ticket  in  all  the  counties,  but  Governor 
Marcy  was  re-elected  by  a  majority  of  about  ten  thousand. 

Mr.  Seward,  having  escaped  the  claims  of  public  life,  re 
sumed  the  practice  of  his  profession  at  the  commencement 
of  the  year  1835.  Nor  did  he  lose  his  interest  in  the  great 
political  questions  of  the  day.  He  still  labored,  with  un 
shrinking  fidelity,  in  support  of  the  party  to  which  he  was 
attached,  and  of  which,  by  a  large  proportion,  he  was  re 
garded  as  the  head. 

On  the  3d  of  October,  1835,  he  delivered  an  address*  at 
Auburn  on  Education  and  Internal  Improvements.  This 
production  was  remarkable  for  its  anticipations  of  the  prog 
ress  of  the  state,  and  its  lucid  exposition  of  the  principles 
of  government,  which  he  afterward  carried  into  effect, 
during  his  administration  as  chief  magistrate. 

In  July,  1836,  Mr.  Seward  established  himself  in  West- 
field,  Chautauque  county,  for  the  purpose  of  assuming  an 
agency  to  quiet  the  troubles  between  the  landlords  and  ten- 

*  See  Vol.  III.,  p.  128. 


48  EDUCATION   OF   FEMALES. 

ants  of  the  Holland  company.  Serious  difficulties  had 
arisen  among  the  settlers  on  the  tract  of  the  company,  and 
the  services  of  Mr.  Seward  seemed  important  for  the  restor 
ation  of  tranquillity.  A  change  of  scene  also  it  was  hoped, 
would  prove  favorable  to  his  health,  which  had  become  im 
paired  by  his  assiduous  professional  labors.  The  manner 
in  which  he  conducted  this  agency  subjected  him  to  much 
reproach  in  a  subsequent  political  canvass.  But  of  this 
we  shall  have  occasion  to  treat  in  another  place.* 

The  election  for  governor  in  1886  resulted  in  favor  of 
Mr.  Marcy,  who  received  a  majority  of  nearly  40,000  votes 
over  the  whig  candidate,  Mr.  Jesse  Bucl.  Meantime,  Mr. 
Seward  continued  his  agency,  and  his  professional  toil,  with 
extraordinary  success.  His  growing  fame  produced  no 
abatement  of  his  industry,  and  he  devoted  himself  to  the 
interests  of  his  clients  with  the  same  earnestness  and  zeal 
which  he  had  exhibited  in  his  political  efforts  on  the  floor 
of  the  senate.  During  this  period  he  prepared  several  es 
says,  which  display  genuine  literary  merit,  no  less  than  a 
spirit  of  enlarged  and  comprehensive  statesmanship. 

Mr.  Seward  received  an  invitation  to  deliver  a  discourse 
on  Education!  at  Westfield  in  July,  1837.  He  accepted 
the  service,  which  he  performed  with  signal  ability.  The 
discourse  was  a  clear  and  eloquent  defence  of  the  principle 
of  universal  education.  It  maintained  the  duty  of  giving 
public  instruction  to  all  classes  of  the  people,  irrespective 
of  condition  or  circumstances.  In  regard  to  the  education 
of  females,  it  claimed  for  woman  the  highest  standard  of 
\literary  attainment,  challenging  for  her  the  same  intellec 
tual  advantages  that  were  enjoyed  by  the  other  sex. 

At  a  meeting  of  the  whigs  of  Cayuga  county,  October  11, 
1837,  Mr.  Seward  delivered  a  speech  of  masterly  ability. 
The  state  of  the  country  called  forth  his  most  vigorous  elo 
quence.  The  commercial  revulsion,  which  he  had  so  long 

*  Sec  Letters  to  the  citizens  of  Chautauque  county.,  Vol.  III. 
f  See  Vol.  III.,  p.  13G. 


THE   NEW   YORK   AND   ERIE   RAILROAD.  49 

predicted,  was  sweeping  over  the  land.  Disastrous  experi 
ence  gave  ample  confirmation  to  the  principles  of  the  whigs. 
In  his  speech  on  this  occasion,  Mr.  Seward  earnestly  ap 
pealed  to  the  people  to  redress  their  wrongs  at  the  ballot- 
box.  This  was  only  one  of  many  efforts  during  the  canvass. 
He  was  indefatigable  in  his  exertions,  which  were  now 
crowned  with  the  most  brilliant  success.  The  election  re 
sulted  in  the  total  overthrow  of  the  Albany  regency.  The 
whigs  gained  a  triumphant  victory  throughout  the  state, 
electing  six  out  of  eight  new  senators,  and  one  hundred  of 
the  one  hundred  and  twenty-eight  members  of  the  assembly. 

The  New  York  and  Erie  railroad  was  originally  under 
taken  by  a  company  chartered  while  Mr.  Seward  was  a 
member  of  the  senate.  He  voted  against  the  charter,  not 
through  hostility  to  the  construction  of  the  road,  but  on  the 
ground  that  so  great  an  enterprise  could  not  be  effected  by 
a  corporation,  and  that  the  road  when  completed  should 
pass  into  the  hands  of  the  state,  like  the  Erie  canal,  for  the 
public  benefit.  His  vote  being  misrepresented  in  the  elec 
tion  of  1834,  he  corrected  the  error  in  a  letter  to  a  commit 
tee,*  declaring  himself  unreservedly  in  favor  of  that  great 
work.  As  he  had  predicted,  the  enterprise  languished  until 
1837,  when  it  was  abandoned  by  the  regency  and  its  party 
in  the  legislature.'  It  was  still  sustained  by  the  whig  ma 
jority  in  the  assembly,  whose  policy,  however,  was  rejected 
by  a  regency  senate. 

A  convention  of  the  friends  of  the  railroad  was  held  at 
Elmira  on  the  17th  of  October,  1837,  at  which  Mr.  Seward 
was  present.  He  was  the  first  citizen,  living  in  a  portion 
of  the  state  not  immediately  interested  in  the  enterprise, 
who  gave  it  his  personal  support.  At  the  request  of  the 
convention,  he  prepared  an  addressf  on  the  subject  to  the 
people  of  the  state  of  New  York,  in  which  he  gave  a  brief 
history  of  the  road,  and  urged  the  adoption  of  efficient 
measures  for  its  speedy  completion.  He  placed  the  resump- 

*  See  Vol.  III.,  p.  417.  "  f  See  \VL  III.,  \\  306. 


50  THE   HOLLAND   LAND    COMPANY. 

tion  of  the  work  on  the  same  broad  principles  of  policy 
which  pervaded  his  subsequent  administration.  On  the 
strength  of  such  reasonings,  the  whig  party  throughout  the 
state  gradually  yielded  their  aid  to  the  project,  and  at 
length  rejoiced  in  the  completion  of  the  truly  magnificent 
structure. 

__  At  the  whig  state  convention  in  1838,  the  names  of  Wil 
liam  H.  Seward  and  Luther  Bradish  were  presented  to  the 
electors  of  the  state  for  governor  and  lieutenant-governor. 
The  previous  defeat  of  Mr.  Seward  had  not  in  the  least  de 
gree  weakened  the  confidence  of  his  friends.  They  knew 
that  it  was  not  owing  to  personal  causes,  but  to  the  posi 
tion  of  parties ;  and  hence  were  anxious  again  to  present 
his  claims  for  the  suffrages  of  the  people.  Great  impor 
tance  was  attached  to  the  election  by  both  political  parties, 
on  account  of  its  bearing  on  the  presidential  campaign  of 
1840.  The  canvass  labored  under  peculiar  difficulties. 
During  a  season  of  great  pecuniary  embarrassment,  Mr. 
Seward  had  conducted  the  affairs  of  the  Holland  Land 
Company  to  the  eve  of  a  prosperous  close.  His  agency  in 
Chautauque  county  had  been  managed  with  discretion  and 
kindness ;  but  it  did  not  fail  to  be  used  by  his  political  op 
ponents  as  an  instrument  of  reproach.  Hoping  to  alienate 
the  whigs  from  their  favorite  candidate,  they  charged  him 
with  fraud,  injustice,  and  oppression,  in  his  treatment  of 
the  settlers,  averring  that  he  had  employed  his  official  power 
in  the  agency  for  his  own  private  emolument,  and  the  ben 
efit  of  land  speculators.  Mr.  Seward  was  silent  in  regard 
to  these  calumnies,  until  they  had  awakened  a  painful  anx 
iety  toward  the  close  of  the  canvass.  He  then  published 
his  letter  to  the  citizens  of  Chautauque  county,*  which,  by 
its  clear  and  cogent  statements,  put  an  effectual  stop  to  the 
slanders  that  were  in  circulation  and  gave  him  popular 
strength  never  enjoyed  before. 

The  slavery  question  was  another  perplexing  element  in 

Sec  Vol.  HI.,  p.  457. 


TRIUMPH    OF   THE   WHIG   PARTY.  51 

this  canvass.  The  yet  distant  prospect  of  the  annexation 
of  Texas  was  viewed  with  alarm  by  the  friends  of  liberty 
at  the  north.  It  renewed  the  discussion  of  slavery,  which 
had  not  entered  into  political  movements  since  the  Missouri 
compromise  in  1820.  A  portion  of  the  citizens  of  New 
York,  headed  by  William  Jay  and  Gerrit  Smith,  had  ad 
dressed  letters  to  the  several  candidates  for  office,  intended 
to  draw  out  their  views  on  the  subject  of  slavery.  The 
mass  of  all  parties  at  that  time  regarded  this  course  of  ac 
tion  with  profound  disgust.  The  candidates  of  the  regency 
party  did  not  hesitate  to  give  a  negative  answer  to  the  ques 
tions  that  had  been  propounded.  The  whigs  were  thought  to 
be  placed  in  an  inconvenient  dilemma.  Mr.  Seward's  an 
swer*  was  at  once  frank  and  sagacious.  While  he  expressed 
without  reserve  his  devotion  to  human  freedom,  he  limited 
his  aims  by  a  regard  to  prevailing  opinions,  and  a  sense  of 
what  was  practicable  in  the  attainment  of  right.  His  reply 
did  not  compromise  his  popularity,  as  had  been  hoped  by 
his  opponents. 

The  election  was  warmly  contested.  With  the  regency 
the  struggle  was  for  life  or  death.  No  measures  were  neg 
lected  on  their  part  to  defeat  the  candidates  of  the  whigs. 
Every  species  of  objection  was  urged  against  Mr.  Seward. 
The  gravest  and  the  most  trivial  charges  were  alike  brought 
to  bear  on  the  canvass.  Among  other  things  he  was  ac 
cused  of  the  "  atrocious  crime"  of  being  a  young  man,  as 
he  was  but  thirty-three  when  first  nominated  for  governor, 
and  at  this  time  but  thirty-seven.  The  election  took  place 
in  November,  and  in  spite  of  unexpected  disasters  to  the 
whig  cause  in  all  other  states,  the  "  young  man"  was  tri 
umphantly  elected.  Mr.  Seward's  majority  reached  to 
10,421.  The  whig  party  carried  the  state  in  every  depart 
ment,  and  secured  a  complete  ascendency  of  political 
power. 

*  See  Vol.  III.,  p.  426. 


52  APPOINTMENTS   TO    OFFICE. 


CHAPTER   IX. 

GOVERNOR  —  CIRCUMSTANCES  —  MEASURES — SCHOOLS  —  CATH 
OLICS — NATIVE-AMERICANS FOREIGNERS LAW  REFORM — 

DECENTRALIZATION  —  BANKING  —  IMPRISONMENT  FOR  DEBT 

MR.  SEWARD  was  the  first  whig  governor  of  New  York. 
With  the  exception  of  De  Witt  Clinton,  lie  was  the  only 
one  who  had  ever  been  elected  in  opposition  to  the  Albany 
regency.  The  party  which  had  virtually  dictated  the  pol 
icy  of  the  state  for  nearly  fifty  years  was  thus  effectually 
destroyed,  and  a  new  development  of  principles  was  to  be 
realized  under  the  administration  of  William  H.  Seward. 

In  entering  upon  the  executive  office,  Gov.  Seward  was 
surrounded  with  peculiar  difficulties.  The  business  of  the 
country  had  been  prostrated  by  the  revulsions  of  1836. 
His  political  friends  looked  with  confidence  to  his  adminis 
tration  for  the  financial  relief  of  the  public.  The  whigs, 
moreover,  were  in  power  for  the  first  time.  Numerous  and 
excited  applicants  eagerly  pressed  their  claims  for  office. 
In  this  crisis,  Gov.  Seward  conducted  with  great  modera 
tion  and  impartiality.  Cautious  in  making  promises,  he 
rejected  no  application  without  substantial  reasons,  which 
he  never  took  pains  to  conceal.  His  frankness  in  render 
ing  all  necessary  explanations  to  a  disappointed  candidate 
was  equal  to  the  wise  reserve  with  which  he  abstained  from 
giving  undue  encouragement.*  In  this  judicious  course, 
however,  he  did  not  avoid  offence.  Applicants  were  more 
numerous  than  offices.  Of  course,  some  must  be  disap 
pointed.  And  of  these,  some  rallied  around  rival  states 
men.  Gov.  Seward  thus  incurred  the  opposition  of  several 

*  See  Official  Correspondence,  Vol.  II.,  p.  589. 


AGRICULTURE  —  EDUCATION.  53 

prominent  members  of  the  whig  party,  who,  naturally 
enough,  adopted  principles  different  from  his  own. 

Nor  did  his  election  bring  the  political  contest  in  the 
state  of  New  York  to  a  close.  An  important  battle  had 
been  won,  but  the  campaign  was  not  completed.  Never 
did  party  zeal  run  to  a  greater  height  than  during  the 
period  of  his  administration.  In  describing  his  official 
career,  we  shall  do  little  more  than  indicate  the  principles 
by  which  it  was  inspired,  as  delivered  in  his  messages  and 
other  executive  papers. 

Among  the  measures  to  which  the  attention  of  Gov.  Sew- 
ard  was  early  directed,  was  the  completion  of  a  lunatic 
asylum,  and  the  adoption  of  a  judicious  and  humane  system 
for  the  treatment  of  the  insane.  Before  his  retirement  from 
office,  his  suggestions  in  this  behalf  were  carried  into  suc 
cessful  operation.  Frequently  visiting  this  and  other  chari 
ties  of  the  state,  he  recommended  them  to  the  patronage  of 
the  legislature,  as  well  by  his  example  as  his  counsels. 

In  the  exercise  of  the  pardoning  power,  Gov.  Seward 
exercised,  we  think,  a  greater  degree  of  wisdom  than  most 
of  his  predecessors.  At  the  same  time  he  labored  for  the 
introduction  of  milder  forms  of  punishment  in  the  peniten 
tiaries,  substituting  moral  discipline  for  the  lash.  These 
reforms  were  afterward  adopted  by  the  legislature. 

The  interests  of  agriculture  always  received  the  fostering 
care  of  Gov.  Seward.  He  was  anxious  for  the  establish 
ment  of  an  agricultural  department  in  the  state,  with  a 
view  to  the  especial  promotion  of  that  important  source  of 
public  prosperity.  His  efforts  for  that  measure,  however, 
were  not  seconded  by  the  legislature,  and  have  remained 
to  this  day  without  direct  fruit. 

Upon  the  accession  of  Gov.  Seward  to  office,  the  system 
of  normal  schools,  in  connection  with  academies  and  com 
mon-school  libraries,  had  been  partially  established.  These 
measures  received  his  cordial  and  efficient  support.  At 
his  suggestion,  a  system  of  visitation  and  inspection  of 


54  EDUCATION   AND   THE   CATHOLICS. 

9 

common  schools  was  adopted  by  the  legislature,  although 
it  has  failed  to  be  earned  into  full  effect,  much  to  the 
detriment  of  the  cause  of  popular  education. 

In  his  messages,  Gov.  Seward  took  the  ground  that  the 
welfare  of  the  state  demanded  the  education  of  all  its  chil 
dren,*  not  as  a  matter  of  charity,  but  of  justice  and  public 
safety.  The  defects  in  the  public  schools  of  New  York 
city  led  him  to  recommend  a  modification  of  the  system, 
and  the  ultimate  substitution  of  the  plan  which  prevailed 
in  the  rest  of  the  state.  A  prejudice,  partaking  of  both  a 
national  and  religious  character,  had  come  down  from  the 
colonial  period  against  foreigners,  and  especially  against 
catholics.  It  was  this  class  of  the  population  that  would 
be  most  directly  benefited  by  the  change  in  the  city  schools. 
It  was  proposed  to  admit  catholic  teachers  with  the  same 
facilities  as  others.  An  alarm  was  at  once  raised  through 
out  the  state.  The  protestant  cause  was  declared  to  be  in 
danger,  from  the  undue  ascendency  of  the  catholics.  Reli 
gious  bigotry  was  thus  excited.  The  hostility  of  both 
protestant  clergy  and  laity  was  arrayed  against  the  gov 
ernor.  He  was  labelled  in  effigy  in  New  York.  The  press 
teemed  with  abuse  of  his  person  and  measures.  Meantime 
his  political  opponents,  who  had  always  professed  to  be 
more  friendly  to  foreigners  and  catholics  than  the  whigs, 
did  not  fail  to  take  advantage  of  the  popular  jealousy  for 
the  promotion  of  their  views.  The  whigs,  on  the  other 
hand,  who  were  accustomed  to  contend  with  naturalized 
foreigners  at  the  polls,  were  unwilling  to  accord  them  any 
privileges.  Between  the  two  parties,  Gov.  Seward  was 
obliged  to  maintain  the  contemplated  reform  on  its  own 
merits.  His  influence  was  greatly  impaired  by  the  general 
impression  that  the  measures  in  question  were  not  only  un 
tenable  in  themselves,  but  that  they  had  their  origin  in  sin 
ister  political  purposes.  This  impression,  however,  was 

*  See  Ann.  Messages,  Vol.  II.,  pp.  206,  216,  278;  also  page  212  of  this  vol. 


THE  SCHOOL   CONTROVERSY.  55 

wholly  unfounded,  and  did  great  injustice  to  Gov.  Seward. 
His  efforts  in  behalf  of  the  children  of  catholics  sprang  from 
a  deep  conviction  of  the  importance  of  education  to  all 
men,  without  regard  to  condition  or  circumstances.*  Du 
ring  his  travels  in  Ireland  in  1833,  he  saw  the  effect  of 
British  policy  in  depriving  the  catholic  population  of  the 
means  of  instruction.  The  people,  thus  kept  in  abject  igno 
rance,  were  more  easily  made  the  victims  of  oppression  and 
tyranny,  and  more  liable  to  become  seditious  and  treason 
able.  This  spectacle  produced  a  strong  impression  on  his 
mind.  He  became  anxious  that  the  catholics  in  America 
should  be  put  in  possession  of  the  advantages  of  education, 
and  so  be  assimilated  to  the  native  population.! 

The  controversy  on  the  school  question  continued  through 
out  the  whole  of  Gov.  Seward's  administration.  It  affected 
his  popularity  so  much  as  to  deprive  him  of  about  two 
thousand  votes  on  his  re-election.  The  result,  however, 
has  shown  his  far-reaching  sagacity.  Like  many  other 
measures  proposed  by  Gov.  Seward,  this  was  in  advance 
of  public  opinion,  but  has  since  commended  itself  to  the 
good  sense  of  the  people.  At  the  first  session  of  the  legis 
lature,  after  his  retirement  from  office,  his  plan  for  the 
education  of  all  classes  of  children,  not  excluding  those  of 
foreigners  and  catholics,  was  adopted  by  decisive  majori 
ties.  No  doubt  has  since  arisen  as  to  the  utility  of  the 
measure,  except  on  the  part  of  those  whose  religious 
scruples  had  led  them  to  decline  a  participation  in  its 
advantages. 

His  attention  was  first  called  to  this  question  by  the  fact, 
that  the  annual  school  returns  from  New  York  showed  that 
there  were  about  twenty-five  thousand  children  in  that  city 
who  did  not  attend  school,  and  were  thus  left  exposed  to 
the  allurements  of  vice  and  crime. 

*  See  General  Correspondence.     Letters  to  Bishop  Hughes  and  others, 
Vol.  IIL 
f  See  Letters  from  Europe,  Vol.  IIL 


56  LAW   REFORM. 

Along  with  these  efforts  of  Gov.  Seward  in  behalf  of 
educational  reform,  he  was  also  actively  engaged  in.  the 
removal  of  the  prejudices  between  native  Americans  and 
adopted  citizens.  His  recommendations  to  successive  legis 
latures  for  abolishing  the  legal  disabilities  under  which 
foreigners  labored  were,  with  more  or  less  reluctance,  ulti 
mately  adopted.* 

The  city  of  New  York  was  at  that  time  just  beginning 
to  be  crowded  with  immigrants,  who  poured  into  the  coun 
try  from  foreign  lands.  Overtaken  by  poverty  and  disease, 
they  served  to  fill  the  almshouses  and  the  prisons.  Their 
overflowing  numbers  increased  the  amount  both  of  wretch 
edness  and  of  crime.  In  order  to  lessen  the  evil,  a  tax 
upon  immigrants  was  recommended  by  the  mayor  of  New 
York.  The  proposal  met  with  general  favor.  Under  these 
circumstances,  the  public  was  astounded  by  the  suggestions 
of  Gov.  Seward  for  the  encouragement  of  immigration.  He 
maintained  that  the  surplus  labor  of  foreign  lands  should 
be  employed  to  advantage  in  developing  the  natural  re 
sources  of  this  country.  Instead  of  shutting  our  doors  upon 
the  down-trodden  immigrant,  he  insisted  that  we  should 
welcome  him  to  a  share  in  our  industry  and  citizenship. 
This  generous  and  humane  policy,  however,  was  vehemently 
condemned.  It  subjected  its  author  to  great  reproach. 
Still,  as  in  the  case  of  the  school  reform,  his  measures  were 
finally  adopted  by  the  state.  In  1847  they  were  made  the 
subject  of  discussion  in  the  legislature,  and,  having  passed 
that  body,  have  since  been  a  part  of  the  established  policy 
of  New  York. 

The  courts  of  law  and  of  chancery  in  the  state  of  New 
York  had,  from  time  immemorial,  been  subject  to  a  variety 
of  expensive  delays.  Organized  on  the  model  of  the  Eng 
lish  system,  the  higher  courts  consisted  of  judges,  a  chan 
cellor,  and  a  vice-chancellor,  appointed  by  the  governor 
and  senate,  and  holding  office  until  sixty  years  of  age.  In 

*  See  Anminl  Messages,  Vol.  IT. 


DECENTRALIZATION.  57 

the  common-pleas  the  judges  were  appointed  for  five  years 
by  the  same  power.  The  legal  practice  was  marked  by  all 
the  prolixity,  technicalities,  and  superfluous  expense  of  the 
English  courts.  The  judiciary  and  the  banking  powers 
were  combined  with  overpowering  and  overshadowing  influ 
ences  by  the  Albany  regency.  Gov.  Seward  exerted  all 
his  influence  in  favor  of  reform.  He  was  opposed  by  both 
the  bar  and  the  judiciary.  In  opposition  to  their  combined 
efforts,  he  secured  the  passage  of  bills  in  the  legislature 
for  reducing  the  expenses,  and  simplifying  the  practice  in 
all  the  courts  of  the  state.  Nor  did  he  stop  with  this 
measure  for  the  relief  of  the  public.  He  urged  a  complete 
reform  in  the  constitution  of  the  courts.  His  plan  involved 
the  abolition  of  the  court  of  chancery,  and  a  new  organiza 
tion  of  the  supreme  courts  and  the  common  pleas.  The 
legislature  did  not  receive  his  suggestions  with  favor ;  but 
they  did  not  fail  to  exert  a  salutary  influence  on  the  public 
mind.  No  one  can  doubt  that  they  prepared  the  way  for 
the  radical  change  in  the  constitution  effected  in  1846. 
Under  this  arrangement,  the  court  of  chancery,  after  an 
existence  of  over  one  hundred  and  fifty  years,  was  abol 
ished,  and  all  judicial  offices  made  elective  by  the  people. 

It  was  the  desire  of  Governor  Seward  from  the  com 
mencement  of  his  official  career,  to  effect  the  decentraliza 
tion  of  the  political  power  in  the  state.  By  the  existing 
laws,  the  judges  of  common  pleas  were  associated  in  the 
respective  counties  with  the  board  of  supervisors  in  the  ap 
pointment  of  commissioners  of  deeds,  superintendents  of  the 
poor,  and  other  county  officers.  The  boards  of  supervisors 
were  usually  divided  in  politics,  and  hence  the  appoint 
ments  were  in  fact  decided  by  the  central  power  at  Albany, 
from  which  the  judges  received  their  offices.  At  the  rec 
ommendation  of  Governor  Seward  the  appointing  power 
was  withdrawn  from  the  judges,  and  the  election  of  most 
of  these  offices  given  to  the  people.  His  efforts  for  redu 
cing  the  emoluments  of  several  favorites  in  public  office  were 


58  SMALL   BILLS  —  AGRICULTURE. 

partially  sanctioned  by  the  legislature.  But  his  recommen 
dation  to  abolish  the  offices  of  inspector  of  various  branches 
of  produce  and  manufacture  was  not  adopted  until  after  the 
close  of  his  administration. 

The  safety-fund  system,  of  which  Governor  Seward  had 
always  been  a  decided  opponent,  exploded  in  1837.  A 
general  banking  law,  passed  by  the  whig  assembly  of  1838, 
gave  the  liberty  of  banking  to  any  voluntary  association  of 
citizens.  The  new  system,  however,  was  at  first  defective 
in  its  details.  Many  of  the  banks  under  this  organization 
failed,  producing  a  loss  to  the  bill-holders.  During  Gov 
ernor  Seward's  administration,  the  law  was  revised,  and 
with  successive  improvements,  has  become  the  settled 
policy  of  the  state,  and  has  also  been  adopted  by  several 
other  states  of  the  Union. 

A  warm  discussion  arose  during  this  period,  in  regard  to 
the  minimum  denomination  of  bank  paper  to  be  used  as  a 
circulating  medium.  In  accordance  with  the  views  of  Gen 
eral  Jackson,  bills  under  five  dollars  were  prohibited  by 
the  legislature  of  1837.  The  senate  of  1838  refused  to  re 
peal  this  law.  At  the  recommendation  of  Governor  Seward 
in  1839,  the  act  was  repealed  by  the  whig  legislature  and 
no  attempt  has  been  made  to  restore  it  since. 

The  geological  survey  of  the  state,  which  had  been  com 
menced  pursuant  to  an  act  of  the  legislature  in  1836,  was 
brought  to  a  completion,  under  the  auspices  of  Governor 
Seward.  At  his  suggestion,  the  legislature  appropriated 
funds  from  time  to  time  for  its  prosecution,  and  established 
a  depository  for  the  preservation  of  specimens  illustrative 
of  the  natural  history  of  the  state.  This,  he  recommended 
should  be  made  the  foundation  for  a  system  of  popular  in 
struction  in  the  natural  sciences,  with  a  view  to  the  improve 
ment  of  agriculture.  The  spirit  of  his  suggestion  has  been 
carried  into  effect  by  the  state  agricultural  society,  in  its 
system  of  popular  lectures  and  discussions  which  are  held 
in  the  Geological  museum  at  Albanv. 


IMPRISONMENT   FOR  DEBT.  59 

The  results  of  the  geological  survey  were  embodied  in  a 
series  of  quarto  volumes,  which  ultimately  reached  the  num 
ber  of  thirteen.  Governor  Seward  prepared  an  elaborate 
introduction  to  the  work,  consisting  of  a  review  of  the  set 
tlement,  progress,  and  condition  of  the  state  of  New  York, 
somewhat  on  the  plan  of  Mr.  Jefferson's  "  Notes  on  Virgin 
ia."  This  historical  essay  is  written  in  a  style  of  admirable 
clearness  and  fluency,  abounding  in  recondite  and  valuable 
information,  and  pervaded  by  an  elevated  tone  of  patriotism 
and  humanity.  It  appears  in  the  Works  of  Mr.  Seward 
under  the  title  of  "  Notes  on  New  York."* 

The  abolition  of  imprisonment  for  debt,  effected  in  1832, 
did  not  reach  the  class  of  non-resident  debtors,  or  those 
held  by  process  issuing  from  the  United  States  courts. 
Governor  Seward  was  opposed,  both  from  feeling  and  prin 
ciple,  to  depriving  unfortunate  debtors  of  their  liberty  and 
of  the  opportunity  to  provide  for  their  families.  He  had 
not  been  long  in  the  executive  office,  when  he  procured  the 
passage  of  laws,  which  swept  away  these  relics  of  barbar 
ism  from  the  jurisprudence  of  the  state. 

*  See  Vol.  IT.,  p.  9  to  180. 


GO  ANTI-RENT   TROUBLES. 


CHAPTER   X. 

GOVERNOR,  CONTINUED  —  ANTI-RENT  TROUBLES  —  ELECTIONS 
— REGISTRY  ACT  —  CANADIAN  DISTURBANCES — THE  M<LEOD 
CASE  —  EXCITEMENT. 

IN  general,  the  laws  of  the  state  were  faithfully  execu 
ted  during  Governor  Seward's  administration.  There  was, 
however,  an  exception.  In  the  counties  of  Albany  and 
Rensselaer,  was  a  tract  of  land,  fifty  miles  square,  lying 
on  both  sides  of  the  Hudson  river,  which  was  claimed  to 
have  been  granted  by  the  Dutch  government,  at  an  early 
day  to  the  Van  Rensselaer  family,  and  which  was  originally 
denominated  the  manor  of  "  Rensselaerwyck."  The  lands 
on  this  tract  had  not  been  granted  in  fee  to  settlers,  as 
elsewhere,  but  had  been  farmed  out  on  perpetual  leases, 
securing  annuities  to  the  proprietor  (denominated  the  Pa- 
troon),  payable  in  kind  and  in  labor,  and  containing  cove 
nants,  raising  charges  upon  alienation.  The  late  patroon, 
Hon.  Stephen  Yan  Rensselaer,  had  allowed  numerous  ar 
rearages  of  rent  to  remain  uncollected  for  many  years.  At 
his  decease,  his  heirs  .demanded  payment  of  these  arrear 
ages.  The  tenants  refused  to  comply.  Diiferenccs  grow 
ing  out  of  these  matters,  which  extended  back  through  a 
period  of  near  fifty  years,  ripened,  in  1839,  into  discontents, 
popular  outbreaks,  and  open  resistance  of  the  laws.  Refu 
sing  to  tamper  with  such  violent  proceedings  for  a  moment, 
Governor  Seward  issued  his  proclamation,*  calling  upon 
the  discontented  to  reflect  upon  the  nature  and  consequences 
of  their  unlawful  acts,  and  apply  to  the  legislature  for  re 
dress  of  their  grievances,  pledging  himself  to  grant  them 

*  Seo  Vol.  IF.,  p.  302. 


VINDICATION   OF   GOVERNOR   SEWAKD.  61 

every  aid  in  his  power,  in  bringing  their  complaints  before 
that  body.  This  proclamation  was  accompanied  by  the  or 
ganization  and  despatch  of  a  military  force,  which,  acting 
under  the  authority  of  the  sheriff',  attended  him  until  he 
had  executed  the  legal  processes  in  his  hands,  including 
those  against  the  individuals  who  had  resisted  the  laws. 

In  announcing  these  measures  to  the  legislature  in  his 
annual  message,  in  1840,*  Governor  Seward  discussed  the 
nature  of  the  tenures  out  of  which  the  disturbances  had 
arisen,  and  recommended  that  efforts  should  be  made  for 
the  removal  of  the  difficulty  which  threatened  to  be  lasting 
and  serious  in  its  consequences.  He  urged  a  compromise 
of  the  conflicting  claims  of  landlord  and  tenant,  with  their 
consent,  and  without  injustice  to  cither  party.  The  recom 
mendation  was  adopted,  and  Hugh  Maxwell  and  Gary  V. 
Sackett,  Esqs.,  were  appointed  commissioners  to  effect,  if 
possible,  a  satisfactory  adjustment.  After  examining  the 
subject,  and  hearing  all  the  parties,  the  commissioners  de 
cided  on  the  basis  of  an  adjustment,  which  they  recom 
mended  for  the  adoption  of  the  litigants.  The  tenants  as 
sented.  But  the  landlord,  under  mistaken  advice,  refused 
the  proffered  terms,  and  insisted  on  the  rights  secured  in 
his  leases.  So  the  settlement  failed. 

During  the  residue  of  Governor  Seward' s  administration, 
the  laws  were  executed  throughout  the  discontented  re 
gions,  as  in  the  other  parts  of  the  state.  But  the  contro 
versy  between  the  proprietors  of  the  Rensselaer  manor  and 
the  tenants,  still  continued,  and  has  not  been  settled  to  the 
present  time.  Loud  complaints  were  made  against  the 
governor  for  what  was  alleged  to  be  an  unjust  concession 
to  the  claims  of  the  tenants,  in  treating  the  restraints  on 
alienation  and  other  features  in  these  cases,  as  illegal  and 
inexpedient.  Since  Governor  Seward's  retirement  from 
the  executive  office,  armed  resistance  has  been  more  than 
once  renewed,  and  a  ruinous  litigation  has  never  been  sus- 

*  S.-e  V«>1.  T!..  p.  219 


62  REFORM  IN  ELECTION  LAWS. 

pended.  The  court  of  appeals  has  recently  vindicated  the 
views  of  Governor  Seward,  by  declaring  the  restraints  upon 
alienation,  illegal  and  void. 

This  affair  furnishes  another  instance  of  Governor  Sew- 
ayd's  clear  forecast  and  sound  wisdom,  in  the  adoption  of 
measures  for  the  removal  of  existing  evils.  For  the  time 
being,  owing  to  a  want  of  equally  enlarged  views,  his  rec 
ommendations  have  been  discarded.  But  time  vindicates 
their  soundness.  In  the  present  case,  after  the  subject  had 
been  litigated,  discussed,  and  argued  for  years,  before  le 
gislatures  and  courts,  the  decision  was  finally  made  in  con 
formity  with  the  views  he  had  originally  urged  upon  the 
parties  interested. 

In  his  earlier  years.  Governor  Seward,  as  we  have  seen, 
devoted  considerable  attention  to  military  affairs.  During 
his  administration,  he  labored  for  the  accomplishment  of 
certain  reforms  in  the  militia  system,  which  he  had  urged 
while  a  member  of  the  senate.  Its  unequal  operation  was 
regarded  by  him  as  an  infringement  of  personal  rights,  and 
a  great  public  evil.  He  endeavored  to  relieve  the  members 
of  the  society  of  Friends,  and  other  persons  who  declined 
performing  military  duty  from  religious  scruples.  This 
measure  was  not  adopted  by  the  legislature.  But  he  did 
not  fail  to  use  the  pardoning  power  of  the  executive  in  be 
half  of  those,  who  had  incurred  the  penalty  of  the  law,  in 
obedience  to  their  consciences.  In  this  course,  Governor 
Seward  was  true  to  the  enlarged  and  liberal  sentiments, 
which  he  had  long  cherished,  in  regard  to  religious  free 
dom.*  It  was  one  of  his  strongest  convictions,  that  no  class 
of  citizens  should  suffer  from  legal  disabilities,  on  account 
of  matters  of  conscience.  Here,  too,  his  views,  at  last,  re 
ceived  the  sanction  of  public  opinion,  and  the  changes  in 
the  militia  system,  which  he  had  urged  in  his  messages,  be 
came  the  policy  of  the  state. 

Previously  to  1841,  the  elections  in  New  York  occupied 

*  See  Miscellaneous  Correspondence,  Vol.  III.,  p.  481. 


THE   REGISTRY   ACT.  63 

• 

three  days  —  a  single  board  of  inspectors  receiving  all  the 
votes  in  each  town  or  ward.  This  arrangement  occasioned 
numerous  inconveniences.  In  the  larger  cities,  especially, 
it  gave  rise  to  a  system  of  frauds  and  combinations,  impair 
ing  the  purity  of  elections,  and  impeding  the  voter  in  the 
exercise  of  his  political  rights.  Violent  contests  took  place 
at  the  polls,  which  often  resulted  in  the  destruction  of  the 
ballot-box.  Every  one  acknowledged  and  deplored  the 
evil.  It  was  not  so  easy,  however,  to  discover  the  remedy. 
The  whigs  were  in  favor  of  an  act  of  registration  ;  but  this 
was  regarded  by  the  opposite  party  as  a  scheme  to  deprive 
the  poorer  classes  of  the  exercise  of  suffrage.  As  the  sup 
port  of  both  the  great  political  parties  of  the  day  was  essen 
tial  to  the  success  of  the  measure,  the  whigs  modified  their 
demands,  limiting  the  call  for  a  registry  to  the  city  of  New 
York.  Governor  Seward  could  not  give  this  course  his 
approval.  He  was  opposed  to  all  partial,  invidious  legis 
lation.  Nor  could  he  be  convinced  of  the  practicability  of 
the  measure,  in  the  existing  state  of  feeling.  He  accord 
ingly  dissuaded  his  friends  from  urging  the  passage  of  such 
an  act.  In  its  place,  he  recommended  the  division  of  towns 
and  wards  into  election  districts,  each  containing  not  more 
than  five  hundred  voters,  and  the  limitation  of  the  time  for 
holding  elections  to  a  single  day.  These  suggestions  were 
accepted  by  the  whigs,  who  then  formed  a  majority  of  the 
legislature.  But  under  the  influence  of  members  from  New 
York,  they  added  a  provision  for  a  registry  act  in  that  city. 
Governor  Seward  was  thus  again  brought  into  collision 
with  his  political  friends.  He  prepared  a  veto  message,* 
presenting  his  objections  to  the  feature  of  the  bill  establish 
ing  a  registry.  On  consultation,  however,  with  the  whigs, 
it  was  found  that  even  if  the  bill  should  not  pass  in  spite  of 
the  veto,  yet  the  party  would  be  convulsed  by  the  conse 
quent  excitement,  and  incur  the  hazard  of  yielding  the  con 
trol  of  the  state  to  their  political  opponents.  The  governor 

•"-  See  Vol.  IT.,  p.  379. 


64  CANADIAN   DISTURBANCES. 

was  thus  induced  to  suppress  the  veto  and  approve  the  bill, 
frankly  stating  to  the  legislature  his  objections  to  the  fea 
ture  in  question,  and  predicting  its  ultimate  effect.  An 
election  was  held  under  the  new  law,  in  the  following  au 
tumn.  The  city  of  New  York  returned  a  democratic  ma 
jority,  induced  by  the  new  provision.  The  legislature  at 
once  repealed  it  by  a  unanimous  vote.  The  other  provis 
ions  of  the  law  still  remain  in  force. 

The  patriot  disturbance  in  Canada  which  occurred  in 
1837,  awakened  deep  interest  among  the  people  of  the 
United  States,  who  lived  adjacent  to  the  frontier.  A  mili 
tary  corps  was  organized  to  aid  the  Canadians  in  their 
struggle  for  independence.  The  federal  government  adopt 
ed  stringent  measures  to  enforce  the  neutrality  laws.  Du 
ring  these  excitements  an  event  took  place  which  threatened 
serious  embarrassment  to  the  relations  of  the  United  States 
with  Great  Britain.  On  the  night  of  December  29,  1837, 
an  armed  force  from  Canada  crossed  the  Niagara  river,  at 
tacked  a  party  of  American  citizens,  who  were  then  asleep 
in  the  steamboat  Caroline,  lying  in  the  river  at  Schlosser. 
One  man  was  killed  ;  the  rest  were  driven  ashore.  Having 
cut  out  the  steamboat,  the  invaders  set  her  on  lire,  towed 
her  into  the  current  of  the  stream  and  sent  her  flaming  over 
Niagara  Falls.  This  outrage  everywhere  excited  the  deep 
est  indignation.  In  the  border  counties  especially,  the 
people  were  almost  in  a  frenzy  of  passion. 

Three  years  after  this  occurrence,  in  the  winter  of  1840, 
a  citizen  of  Canada,  named  Alexander  M'Leod,  while  on  a 
visit  to  Niagara  county,  was  said  to  have  boasted  that  lie  was 
an  active  member  of  the  party  which  destroyed  the  Caro 
line.  As  he  was  known  to  be  a  warm  loyalist,  the  assertion 
was  readily  believed.  He  was  arrested  on  the  charge  of  ar 
son,  and  committed  to  jail.  In  due  course  of  law  he  was  sub 
sequently  indicted  for  that  crime,  and  detained  for  trial. 
Upon  this  the  British  minister  at  "Washington,  Mr.  Fox, 
made  a  reclamation  on  Mr.  Van  Buren,  then  president  of 


THE  M'LEOD  CASE.  65 

the  United  States,  in  behalf  of  the  prisoner.  He  insisted 
that  the  destruction  of  the  Caroline  was  an  act  of  war,  for 
which  the  British  government  should  be  held  responsible, 
and  not  a  private  individual.  Hence  he  protested  against 
the  trial  of  M'Leod,  and  demanded  his  release  from  impris 
onment.  The  president  did  not  assent  to  the  position  of 
Mr.  Fox  ;  he  maintained  that  the  act  was  a  violation  of  the 
jurisdiction  of  New  York,  and  of  the  United  States  in  time 
of  peace.  Even  assuming  the  views  of  Mr.  Fox  to  be  cor 
rect,  the  matter  belonged  to  the  courts  of  New  York  for 
judicial  examination,  with  which  the  federal  government 
could  not  interfere. 

The  decision  of  Mr.  Van  Buren  was  immediately  commu 
nicated  to  Governor  Seward,  while  Mr.  Fox,  on  the  other 
hand,  submitted  the  subject  for  instruction  to  his  govern 
ment  at  home.  Governor  Seward  promptly  and  dispassion 
ately  replied  to  the  president  accepting  his  decision  on  the 
part  of  New  York.  This  reply  did  not  reach  Washington 
until  after  the  4th  of  March,  1841,  when  the  administration 
had  passed  into  the  hands  of  General  Harrison.  The  affair 
was  accordingly  intrusted  to  Mr.  Webster,  the  secretary 
of  state  under  the  new  president. 

Meantime  Governor  Seward  had  despatched  the  attorney- 
general  of  the  state,  Hon.  Willis  Hall,  to  Niagara,  in  order 
to  ascertain  the  facts  relative  to  the  transaction.  The  result 
of  the  investigation  convinced  the  governor  that  the  evidence 
was  insufficient  to  sustain  the  indictment,  as  it  appeared 
that  M'Leod  was  not  even  on  the  American  side  of  the  river 
during  the  night  on  which  the  Caroline  was  destroyed. 

Mr.  Fox  was  instructed  by  his  government  to  insist  on 
the  positions  which  lie  had  assumed.  He  accordingly  de 
manded  the  surrender  of  M'Leod,  menacing  the  president 
with  hostilities  in  case  of  non-compliance.  In  reply  to  Mr. 
Fox,  General  Harrison  conceded  that  M'Leod  could  not  bo 
held  to  trial  for  the  alleged  offence,  thus  confirming  the 
views  of  the  British  government.  This  decision  was  com- 


66  THE   M'LEOD  CASE  —  THE  TRIAL. 

municatcd  to  Governor  Seward,  in  a  letter  from  the  secre 
tary  of  state,  through  Mr.  Crittenden,  the  attorney-general 
of  the  United  States,  who  announced  the  wish  of  the  presi 
dent  that  a  nolle  prosequi  should  be  entered,  and  a  stop 
put  to  further  proceedings.  Mr.  Crittenden  was  despatched 
by  the  president  to  Niagara  county,  with  directions  to  ap 
pear  in  court  in  behalf  of  M'Leod,  and  to  urge  upon  Gov 
ernor  Seward  the  entering  of  a  nolle  prosequi.  In  conver 
sing  upon  the  subject,  Mr.  Crittenden  informed  Governor 
Seward,  that  Great  Britain  would  declare  war  against  the 
United  States  unless  the  surrender  of  M'Leod  took  place. 
It  appeared,  however,  on  further  explanation,  that  the  re 
taliation  threatened  by  Great  Britain  was  made  contingent 
not  on  the  detention,  nor  on  the  trial,  nor  even  on  the  con 
viction  of  M'Leod,  but  on  his  execution.  This  view  was 
sustained  by  the  correspondence  with  Mr.  Fox.  Governor 
Seward  then  informed  Mr.  Crittenden  of  the  course  he 
should  pursue.  In  the  first  place,  it  was  not  probable  that 
M'Leod  would  be  convicted,  as  there  was  no  proof  of  his 
guilt — but  if  convicted,  he  could  not  be  executed  without 
the  governor's  consent ;  and  inasmuch  as  both  governments 
agreed  that  his  conviction  would  be  an  infringement  of  in 
ternational  law,  however  he  might  differ  from  that  opinion, 
he  should  feel  bound  to  release  the  prisoner  from  his  sen 
tence.  He  added,  moreover,  that  all  the  questions  belong 
ing  to  the  case,  must  come  under  the  cognizance  of  the 
state  court,  and  therefore  it  was  necessary  for  the  trial  to 
proceed.  But  this  course  involved  no  risk  of  compromising 
our  relations  with  Great  Britain,for  the  reasons  already  stated. 
The  trial,  accordingly,  was  postponed.  Mr.  Crittenden 
returned  to  Washington  to  lay  the  views  of  Governor  Sew 
ard  before  the  president  and  his  cabinet.  It  was  under 
stood  that,  if  these  views  were  not  approved,  the  subject 
should  receive  further  examination.  But  the  sudden  death 
of  General  Harrison,  and  the  consequent  dissolution  of  the 
cabinet,  left  the  matter  as  it  was. 


THE  M'LEOD   CASE  —  THE  RESULT.  67 

Meantime,  Joshua  A.  Spencer,  Esq.,  who  had  been  al 
ready  retained  as  counsel  for  M'Leod,  was  appointed  United 
States  district  attorney  for  the  northern  district  of  New 
York,  although  against  the  earnest  remonstrances  of  Gov 
ernor  Scward.  At  the  succeeding  term  of  the  supreme 
court,  Mr.  Spencer  appeared  with  instructions  from  the 
president,  and  demanded  M'Lcod's  discharge  from  the  in 
dictment,  without  the  formality  of  a  trial.  The  motion  was 
resisted  by  Willis  Hall,  Esq.,  in  behalf  of  the  state,  under 
the  direction  of  the  governor.  After  elaborate  arguments 
on  both  sides,  the  demand  for  M'Leod's  release  was  denied, 
sustaining  the  ground  taken  by  President  Van  Buren  and 
Governor  Seward  in  opposition  to  the  views  of  President 
Tyler. 

In  spite  of  the  fact  that  war  was  suspended,  not  on  the 
trial,  but  on  the  execution  of  M'Leod,  the  public  mind  was 
greatly  excited  by  the  fear  of  a  collision  with  Great  Brit 
ain.  Governor  Seward  was  reproached,  in  many  political 
and  commercial  circles,  with  pursuing  recklessly  a  course 
that  tended  to  plunge  the  two  nations  in  war.  But  this  had 
no  effect  on  his  determination.  He  was  convinced  of  the 
justice  of  his  measures,  and  resolutely  proceeded  to  carry 
them  into  effect. 

At  length  the  time  for  holding  the  court  arrived.  It  was 
convened  at  Utica,  remote  from  the  immediate  scene  of  ex 
citement.  On  trial  before  a  learned  and  impartial  judge, 
M'Leod  was  acquitted,  for  want  of  evidence  that  he  was 
concerned  in  the  outrage.  He  was  then  sent  into  the  Brit 
ish  territory  by  Governor  Seward,  under  an  escort,  and 
safely  delivered  on  the  north  side  of  the  Niagara  river. 

This  critical  transaction  affords  a  fresh  illustration  of 
Governor  Seward's  firmness  and  sagacity.  Had  he  listened 
to  the  advisers  whose  fears  dictated  to  their  judgment,  and 
followed  the  cowardly  policy  of  President x  Tyler,  he  would 
have  disgraced  both  the  state  and  the  nation  in  the  eyes  of 
the  world.  But  his  bold  and  manly  course  sustained  the 


68         ENLARGEMENT  OF  THE  ERIE  CANAL. 

honor  of  the  country.  The  fortunate  conclusion  of  the  affair 
restored  the  public  mind  to  tranquillity,  and  strengthened 
the  administration  of  the  state  in  the  esteem  of  the  people.* 


CHAPTER   XI. 

GOVERNOR,  CONTINUED  —  CANALS  —  ENLARGEMENT  —  FINAN 
CIAL  CRISIS  —  PANIC  —  SUSPENSION  OF  PUBLIC  WORKS  — 
RAILROADS. 

THE  Erie  and  Chain  plain  canals  were  completed  in  1825. 
This  great  enterprise  of  internal  improvements  had  been 
brought  to  a  prosperous  completion  by  De  Witt  Clinton, 
against  the  strenuous  opposition  of  the  Albany  regency. 
But  even  before  these  works  were  finished,  it  was  seen  that 
they  could  not  attain  the  objects  of  their  construction  with 
out  the  addition  of  lateral  canals,  connecting  with  the  Sus- 
quehanna  and  other  rivers  on  the  south,  and  with  Lake  On 
tario  on  the  north.  The  Erie  canal  was  but  forty  feet  wide, 
and  four  feet  deep.  It  was  soon  evident,  that,  instead  of  a 
canal  of  such  limited  capacity,  a  ship-canal  was  necessary 
to  unite  the  navigation  of  the  lakes  with  that  of  Hudson 
river.  As  early  as  1835,  it  was  found  necessary  to  replace 
the  locks  and  other  structures  of  the  Erie  canal.  At  the 
same  time,  the  state  debt  incurred  in  its  construction,  and 
that  of  the  Champlain  canal,  had  been  virtually  paid.  Un 
der  these  favorable  circumstances,  the  legislature  voted  the 
enlargement  of  the  Erie  canal,  on  a  scale  to  be  fixed  by  the 
canal  board.  The  scale  adopted  was  seventy  feet  wide  and 
seven  feet  deep,  with  double  instead  of  single  locks,  as  be 
fore  used.  But  the  act  limited  the  expenditures  for  the  en 
largement  to  the  annual  surplus  of  the  tolls  after  deducting  a 
large  amount  for  the  general  purposes  of  the  state  treasury. 

*  See  Correspondence,  Vol.  IT.,  pp.  547-586. 


INTERNAL   IMPROVEMENTS.  69 

Iii  1836,  the  construction  of  the  Genesee  Valley  and  the 
Black  River  canals  was  decided  on  by  the  legislature. 
These  works  were  intended  as  branches  of  the  system  of 
internal  improvements  which  had  previously  been  com 
pleted,  including  the  Oswego,  Seneca,  and  Cayuga  and 
Crooked  Lake  and  Chenango  canals.  A  loan  of  three  mil 
lions  of  dollars  had  been  made,  during  the  same  year,  to 
the  New  York  and  Erie  Railroad  Company,  for  the  aid  of 
their  enterprise.  The  next  year  saw  the  progress  of  all 
these  works,  while  the  canal  commissioners  recommended 
a  more  vigorous  prosecution  of  the  enlargement  of  the  Erie 
canal.  The  recommendation  was  urgently  renewed  by  Gov 
ernor  Marcy  and  the  canal  commissioners  in  1838.  But  the 
state  was  then  suffering  from  a  commercial  revulsion.  The 
comptroller,  Mr.  Flagg,  indirectly  opposed  the  recommend 
ations,  in  a  report  insisting  on  the  necessity  of  taxation  for 
the  support  of  the  treasury.  This  report  was  answered  by 
Hon.  Samuel  B.  Ruggles,  chairman  of  the  committee  of 
ways  and  means  in  the  assembly,  who  showed  that  the  in 
crease  of  tolls  on  the  canals  would  sustain  a  loan  of  thirty 
millions  of  dollars,  reimbursing  it  in  twenty  years,  or  of  forty 
millions  of  dollars,  reimbursing  it  in  twenty-eight  years.  In 
accordance  with  this  estimate,  the  legislature,  in  1838,  made 
an  appropriation  of  four  millions  of  dollars  for  the  prosecu 
tion  of  the  enlargement,  and  authorized  the  loan  of  eight 
hundred  thousand  dollars  on  the  credit  of  the  state,  in  aid 
of  the  Central  and  other  railroads. 

Such  was  the  condition  of  internal  improvements  in  the 
state,  when  Mr.  Seward  entered  upon  the  executive  office 
on  the  first  of  January,  1839.  The  state  debt  was  then 
eleven  millions  of  dollars ;  but  there  were  four  millions  of 
dollars  in  the  treasury  available  for  the  public  works,  re 
ducing  the  actual  debt  to  about  seven  millions  of  dollars. 
Governor  Seward  vigorously  followed  upr  the  legislative 
policy  of  1838.  He  recommended  that  measures  should 
be  adopted  to  secure  the  enlargement  of  the  Erie  canal, 


70  FINANCIAL    CRISIS   AND   PANIC. 

and  the  completion  of  the  lateral  canals,  before  the  year 
1845. 

The  report  of  Mr.  Flagg,  the  comptroller,  who  retired 
on  the  coming  in  of  the  whig  administration,  presented  an 
alarming  picture  of  debt,  taxation,  and  bankruptcy,  as  the 
consequences  of  perseverance  in  the  public  works.  Mr. 
Flagg  was  supported  by  the  opposition  party  in  the  legisla 
ture  and  throughout  the  state,  while  Governor  Seward  was 
sustained  by  the  whigs  with  great  unanimity. 

To  increase  the  embarrassments  of  the  whig  administra 
tion,  and  to  shake  the  public  confidence  in  the  ability  of 
the  state  to  complete  the  system  in  which  it  was  engaged, 
it  was  now  discovered  that  the  canal  commissioners  who 
had  recommended  the  new  enterprises  had  made  too  low  an 
estimate  of  their  cost,  which,  instead  of  fifteen  millions, 
three  hundred  and  seventy-five  thousand  dollars,  for  the  en 
largement  of  the  Erie  and  the  construction  of  the  Gencsce 
Valley  and  the  Black  River  canals,  would  amount  to  thirty 
millions,  four  hundred  and  forty-four  thousand  dollars. 

The  people  were  alarmed  by  this  unexpected  announce 
ment.  Oppressed  by  pecuniary  difficulties  in  every  depart 
ment  of  business,  the  public  was  divided  in  opinion.  The 
whigs  maintained  the  wisdom  and  necessity  of  completing 
the  public  works  in  spite  of  the  errors  of  the  estimate.  But 
the  opposing  party  condemned  the  policy  in  very  decided 
terms.  They  predicted  an  insupportable  burden  of  taxa 
tion,  and  ultimate  repudiation  as  its  inevitable  consequence. 
This  was  the  great  issue  between  the  two  parties  during 
the  whole  of  Governor  Seward's  administration. 

A  crisis  at  length  came.  The  failure  of  Pennsylvania, 
Michigan,  Illinois,  Mississippi,  Maryland,  and  other  states 
which  had  largely  engaged  in  schemes  of  internal  improve 
ment,  produced  in  1841  a  general  depreciation  of  American 
credit  in  Europe.  The  stocks  of  New  York,  which  had 
been  pledged  abroad,  were  returned,  glutting  the  market 
in  our  commercial  cities.  The  capitalists  became  alarmed. 


SUSPENSION   OP   THE   PUBLIC   WORKS.  71 

With  a  view  to  prevent  a  further  decline  in  securities,  they 
combined  with  the  opposition  party  against  the  prosecution 
of  the  public  works.  Their  measures  were  met  by  Gov 
ernor  Seward  with  decided  resistance.  In  his  messages  to 
the  legislature,  he  forcibly  remonstrated  against  suspending 
the  improvements  already  commenced.  Maintaining  that, 
in  spite  of  the  fall  of  public  credit  abroad,  the  true  policy 
of  the  state  was  unchanged,  he  clearly  set  forth  the  evils 
that  would  ensue  from  the  abandonment  of  the  enterprise. 
But  it  was  all  in  vain.  Political  managers  took  advantage 
of  the  prevailing  panic  to  counteract  the  policy  of  the  gov 
ernor.  The  moneyed  interest  chimed  in.  His  sagacious 
admonitions  were  unheeded,  and  the  legislature,  in  1842, 
put  a  stop  to  the  progress  of  internal  improvement.  In  his 
message,  at  the  extra  session  of  184^2,  he  thus  alludes  to 
the  sudden  and  humiliating  close  of  these  prosperous  and 
well-directed  enterprises :  — 

"For  the  first  time  in  the  quarter  of  a  century  which  has  elapsed  since 
the  ground  was  broken  for  the  Erie  canal,  a  governor  of  the  state  of  New 
York,  in  meeting  the  legislature,  finds  himself  unable  to  announce  the  con 
tinued  progress  of  improvement.  The  officers  charged  with  the  care  of  the 
public  works  have  arrested  all  proceedings  in  the  enlargement  of  the  Erie 
canal  and  the  construction  of  the  auxiliary  works.  The  New  York  and 
Erie  railroad,  with  the  exception  of  forty-six  miles  from  the  eastern  termi 
nation,  lies  in  unfinished  fragments  throughout  the  long  line  of  southern 
counties  stretching  four  hundred  miles  from  the  "VValkill  to  Lake  Erie.  The 
Genesee  Valley  canal,  excepting  the  portion  between  Dansville  and  Roch 
ester,  lies  in  hopeless  abandonment.  The  Black  River  canal,  which  was 
more  than  two  thirds  completed  during  the  last  year,  has  been  left  wholly 
unavailable.  As  if  this  were  not  enough,  two  railroads,  toward  the  con 
struction  of  which  the  state  had  contributed  half  a  million  of  dollars,  and 
public-spirited  citizens  large  sums  in  addition,  have  been  brought  to  a  forced 
sale,  and  sacrificed  with  almost  total  loss  to  the  treasury,  without  yielding 
any  indemnity  to  the  stockholders,  and  without  even  securing  a  guaranty 
that  the  people  would  be  permitted  to  enjoy  the  use  of  the  improvements." 

Such  was  the  condition  of  affairs  on  the  first  of  January, 
1843,  when  Governor  Seward  resigned  the  administration 
of  the  state  into  the  hands  of  his  successor.  A  convention 
was  called  in  184G  to  revise  the  constitution,  containing  a 


72       RE-ESTABLISHMENT   OF   GOVERNOR  SEWARD's   POLICY. 

large  democratic  majority.  It  incorporated  provisions  in 
the  constitution,  prohibiting  the  enlargement  of  the  public 
works,  except  under  stringent,  and,  as  it  was  thought  at 
the  time,  impracticable  conditions.  Still  the  canals,  ex 
ceeding  the  largest  estimates  of  the  late  whig  administra 
tion,  furnished  the  means  for  a  gradual  prosecution  of  the 
contemplated  improvements  until  1850.  The  whigs  being 
in  power  at  that  time,  it  was  ascertained  that  the  sum  of 
nine  millions  of  dollars  would  suffice  to  complete  the  public 
works-  on  the  original  plan.  Et  was  also  ascertained  that 
this  object  could  be  accomplished  without  pledging  the 
credit  of  the  state,  by  a  simple  transfer  of  the  surplus  tolls 
of  the  canals  for  a  short  term  of  years.  Daniel  Webster, 
John  C.  Spencer,  and  other  eminent  jurists,  to  whom  the 
question  had  been  submitted,  expressed  the  opinion  that 
such  a  measure  would  be  in  accordance  with  the  provisions 
of  the  constitution.  After  a  vehement  party  struggle,  the 
legislature  of  1851  decided  on  its  adoption.  The  adverse 
party  brought  the  question  before  the  state  courts,  which 
finally  declared  that  the  law  was  unconstitutional.  Still, 
few  can  now  doubt  the  wisdom  of  the  policy  maintained  by 
Governor  Seward.*  It  only  remains  to  determine  how  the 
constitutional  prohibitions  of  1846,  as  expounded  by  the 
court  of  appeals,  shall  be  modified  so  as  to  allow  the  speedy 
attainment  of  the  great  object. f 

The  agency  of  Governor  Seward  in  behalf  of  internal  iin- 

*  See  Vol.  II.,  pp.  183-212. 

\  Since  the  above  was  written,  Governor  Se  ward's  views  linve  been  sig 
nally  vindicated  by  the  legislature  and  the  people,  and  his  policy  re-estab 
lished.  By  an  amendment  of  the  constitution,  the  proposed  enlargement  is 
to  be  speedily  accomplished,  the  legislature  of  1854  having  passed  the 
amendment  by  an  almost  unanimous  vote.  In  the  senate  the  nyes  were 
twenty-nine,  and  the  nays  none;  absent  three.  In  the  assembly  there  were 
one  hundred  and  fifteen  ayee,  and  one  nay;  absent  twelve.  The  voice  of 
the  people,  sanctioning  the  act  of  the  legislature,  was  no  less  emphatic. 
The  amendment,  having  been  submitted  to  the  people  at  a  special  election, 
was  confirmed  by  the  following  voto:  for  the  amendment,  185,802;  against 
the  amendment,  60,556. 


RAILROADS   PROJECTED.  73 

provements  was  by  no  means  limited  to  the  canal  system. 
Upon  his  accession  to  the  executive  office,  railroads  were  a 
recent  invention.  They  had  been  adopted  only  to  a  com 
paratively  small  extent  in  any  part  of  the  United  States. 
They  still  met  with  a  strenuous  opposition  from  many  of  the 
leading  NCAV  York  politicians.  The  only  railroads  in  the 
state  were  the  Harlem,  eight  miles  in  length,  and  the  Alba 
ny  and  Utica,  ninety-five  miles  in  length.  Great  efforts  had 
been  made  to  extend  the  latter  road  from  Utica  toward  the 
west ;  but  popular  prejudice  and  pecuniary  embarrassment 
were  too  strong  for  the  corporations.  The  construction  of 
the  New  York  and  Erie  railroad  had  been  abandoned ;  but 
Governor  Seward  from  the  first  was  an  earnest  advocate  of 
the  improvement.  With  almost  prophetic  sagacity,  he  con 
stantly  predicted  the  success  of  this  new  mode  of  locomo 
tion.  His  zeal  in  its  behalf  excited  alarm  in  the  conserva 
tive,  commercial,  and  political  circles. 

In  his  annual  message  in  1839,*  he  expressed  himself  in 
the  following  words  :  — 

"This  wonderful  agent  [steam]  has  achieved,  almost  unobserved,  a  new 
triumph,  which  is  destined  to  effect  incalculable  results  in  the  social  system. 
This  is  its  application  to  locomotion  upon  the  land.  Time  and  money  are 
convertible.  Husbandry  of  the  one  is  economy  of  the  other,  and  either  is 
equivalent  to  the  economy  of  labor.  Railroads  effect  a  saving  of  time  and 
money;  and,  notwithstanding  all  the  incredulity  and  opposition  they  en 
counter,  they  will  henceforth  be  among  the  common  auxiliaries  of  enter 
prise.  Happily  it  is  not  in  our  power  to  fetter  the  energies  of  other  states, 
although  we  may  repress  our  own.  This  useful  invention,  like  all  others, 
will  be  adopted  by  them,  although  it  gain  no  favor  from  us;  and  they  who 
are  willing  that  New  York  shall  have  no  railroads,  must  be  ready  to  see  all 
the  streams  of  prosperity  seek  other  channels,  and  our  state  sink  into  the 
condition  of  Venice,  prostrate  and  powerless,  among  the  monuments  of  her 
earlier  greatness.  A  glance  at  the  map  would  render  obvious  the  utility  of 
three  great  lines  of  communication,  by  railroads,  between  the  Hudson  river 
and  the  borders  of  the  state.  One  of  these  would  traverse  several  of  the 
northern  counties,  and  reach  with  its  branches  to  Lake  Ontario  and  the  St. 
Lawrence.  A  second,  keeping  the  vicinity  of  the  Erie  canal,  would  con 
nect  Albany  and  Buffalo.  A  third  would  stretch  through  the  southern 
counties,  from  New  York  to  Lake  Erie." 

*  See  Vol.  IT.,  p.  183. 

4 


74  NEW   YORK   AND    ERIE  RAILROAD. 

These  confident  predictions  have  since  become  magnifi 
cent  realities.  In  his  messages  and  speeches,  Governor 
Seward  also  urged  the  construction  of  a  railroad  on  the 
banks  of  the  Hudson,  from  New  York  to  Albany.  Indeed, 
they  often  manifest  not  a  little  impatience  with  the  skepti 
cism  and  want  of  public  spirit  which  discouraged  the 
undertaking  of  such  an  important  enterprise. 

In  a  speech  delivered  at  Elmira  in  1850,  on  the  comple 
tion  of  the  New  York  and  Erie  railroad,  Governor  Seward 
related  some  curious  personal  reminiscences,  in  regard  to 
the  progress  of  internal  improvements.  The  chef  d'aeuvre 
of  his  college  life,  he  remarked,  was  an  essay  prepared  in 
1820  against  the  Erie  canal,  then  in  course  of  construction 
under  the  auspices  of  De  Witt  Clinton.  He  attempted  to 
prove  that  the  canal  could  never  be  completed — or,  if 
completed,  that  it  would  be  the  ruin  of  the  state.  In  five 
years  from  that  time  the  canal  was  finished,  and  boats 
placed  on  its  surface,  from  tide-water  to  Lake  Erie.  Just 
nineteen  years  after  the  production  of  that  essay,  he  found 
himself  in  the  place  of  De  Witt  Clinton,  urging  the  en 
largement  of  the  canal  to  double  its  original  capacity,  and 
the  construction  of  three  lines  of  railroad,  between  substan 
tially  the  same  termini,  to  supply  the  deficiency  of  the 
canal  for  transporting  the  commerce  of  the  state.  These 
recommendations  were  regarded  by  the  public  as  even  still 
more  visionary  than  the  schemes  of  Governor  Clinton  had 
been  in  his  estimation.  But,  notwithstanding  the  popular 
incredulity,  on  retiring  from  office  at  the  end  of  four  years, 
he  had  the  satisfaction  of  seeing  the  aggregate  length  of 
the  railroads  of  the  state  increased  from  one  hundred  to 
eight  hundred  miles.* 

Nor  has  the  devotion  of  Governor  Seward  to  the  cause 

*  The  directors  of  the  New  York  and  Erie  railroad  company,  in  token 
of  their  appreciation  of  Governor  Seward's  services,  presented  him  with  a 
formal  vote  of  thanks  on  his  retirement  from  office,  with  a  ticket  elegantly 
engraved  on  silver  for  the  free  passage  of  himself  and  family  on  the  road 
during  life. 


INTERNAL   IMPROVEMENTS.  75 

of  internal  improvements  been  confined  in  its  operation  to 
the  state  of  New  York.  He  has  never  failed  to  cherish  a 
deep  interest  in  whatever  was  adapted  to  increase  the  busi 
ness  advantages,  and  promote  the  permanent  welfare  of  the 
people  in  every  portion  of  the  Union. 

In  a  recent  speech  in  the  senate,  while  advocating  a 
railroad  to  the  Pacific  ocean,  he  thus  reviews  the  progress 
already  made  in  internal  improvements  :  — 

"What  are  two  thousand  miles  of  railroad  for  the  people  of  the  United 
States  to  make,  who,  within  eighteen  years  past,  have  made  twelve  thou 
sand  miles!  The  railroads  which  have  been  made  in  the  state  of  New 
York  alone  have  an  aggregate  length  of  two  thousand  three  hundred  and 
one  miles,  exceeding  the  distance  from  Lake  Erie  to  the  Pacific  ocean. 
And  if  you  add  the  canals,  the  chain  would  reach  from  the  banks  of  the 
Hudson  river  to  the  shores  of  the  Pacific  ocean.  The  railroads  already 
made  in  the  United  States,  if  drawn  out  into  one  lengthened  chain,  would 
reach  from  Liverpool  to  Canton.  The  railroads  which  have  been  made, 
and  are  now  being  made,  in  the  United  States,  if  stretched  continuously 
along,  would  more  than  encircle  the  globe.  Again,  I  shall  be  told  of  the 
cost  of  this  railroad.  And  what  will  be  its  cost?  One  hundred  millions 
of  dollars.  A  cost  not  exceeding  the  revenue  of  the  government  of  the 
United  States  for  two  years  only — a  cost  not  exceeding  the  revenue  of  the 
federal  and  state  governments  for  one  year.  One  hundred  millions  of  dol 
lars;  why,  we  have  offered  that  sum  for  one  island  in  the  Caribbean  sea! 
One  hundred  millions  of  dollars;  why,  New  York  city  spent  one  sixth  of 
that  sum  in  supplying  itself  with  water,  and  grew  all  the  while!  One 
hundred  millions  of  dollars;  the  state  of  New  York  has  already  spent,  in 
making  canals  and  railroads,  one  hundred  and  thirteen  millions*  and  pros 
pered  while  spending  it  as  never  state  or  nation  prospered  before.  That 
one  hundred  millions  of  dollars,  if  it  should  never  be  directly  reimbursed, 
will  be  indirectly  replaced  within  ten  years,  by  the  economy  which  it 
would  enable  us  to  practise  in  the  transportation  of  the  army,  and  of  the 
supplies  of  the  army  and  navy  over  it,  not  to  speak  of  the  still  more  impor 
tant  benefits  of  bringing  the  public  domain  into  cultivation,  and  into  in 
creased  value,  and  developing  rapidly  the  mineral  wealth  of  California,  which 
can  be  only  imperfectly  realized  now,  because  labor  on  that  side  of  the 
continent  is  worth  four  dollars  a-day,  while  it  is  worth  but  one  here. 

As  we  write  these  lines  (1854),  we  see  the  whole  stu 
pendous  scheme  recommended  by  Governor  Seward  on  the 
eve  of  completion,  in  spite  of  commercial  and  political 
obstacles. 


76  THE   PARDONING   POWER. 


CHAPTER   XII. 

GOVERNOR,  CONTINUED  —  THE  PARDONING  POWER — BENJAMIN 

RATHBUN JOHN  C.    COLT VETO    POWER D'lIAUTEVILLE 

CASE THURLOW   WEED REGISTRY   ACT. 

WE  have  already  alluded  to  the  exercise  of  the  pardon 
ing  power  by  Governor  Seward.  As  the  subject  is  one  of 
such  deep  interest,  we  will  here  more  fully  illustrate  the 
principles  which  guided  his  course  in  this  respect.*  Com 
bining  a  natural  generosity  and  tenderness  of  feeling  with 
a  lofty  sense  of  justice,  lie  could  not  permit  his  sympathy 
with  the  unfortunate  to  weaken  his  energy  in  the  execution 
of  laws,  which  were  intimately  connected  with  the  order 
and  safety  of  society.  He  allowed  no  conviction,  ascer 
tained  to  be  unjust,  to  stand  on  any  pretence. 

An  insane  man  who  had  committed  homicide  in  Rensse- 
laer  county,  under  circumstances  of  revolting  cruelty,  was 
induced  by  the  court,  the  public  prosecutor,  and  his  OAVH 
counsel,  to  plead  guilty  to  an  indictment  for  murder.  He 
was  sentenced  to  be  executed,  under  an  arrangement  be 
tween  them,  that,  in  consequence  of  thus  pleading,  the  sen 
tence  of  death  should  be  commuted  to  confinement  in 
the  statcprison  for  life.  The  court  and  counsel  urged  the 
governor  to  adopt  that  course,  on  the  ground  that  the  pub 
lic  safety  and  public  opinion  both  required  the  confinement 
of  the  offender.  The  governor  answered  that  a  man  too 
insane  to  be  executed  was  too  insane  to  be  imprisoned  for 
life,  and  discharged  the  oifender  at  once. 

No  woman,  not  abandoned  to  vice  and  crime,  was  suf 
fered  to  endure  the  full  punishment  prescribed  by  the  law. 
*  See  Vol.  II.,  p.  615. 


BENJAMIN   RATHBUN —  JOHN   C.    COLT.  77 

And  it  must  be  a  pleasant  recollection  to  Governor  Seward, 
that  in  no  instance  was  a  woman  so  pardoned  ever  after 
ward  convicted  of  crime.  Juvenile  delinquents  were  par 
doned  for  first  offences  not  very  atrocious.  But,  in  these 
cases,  preliminary  arrangements  were  made  through  the 
agency  of  their  friends,  for  their  removal  from  the  scenes 
of  their  temptations,  and  their  establishment  in  pursuits 
favorable  to  their  reformation. 

The  possession  of  social  advantages,  instead  of  aiding 
offenders  to  procure  pardon,  was  always  regarded  as  an 
objection.  On  the  other  hand,  great  allowance  was  made 
for  ignorance,  orphanage,  or  social  neglect,  as  presenting 
incentives  to  crime. 

In  the  well-known  case  of  Benjamin  Rathbun,*  whose 
forgeries  were  understood  to  have  amounted  to  the  sum  of 
one  million  five  hundred  thousand  dollars,  pardon  was  ear 
nestly  demanded  on  the  ground  of  extenuating  circum 
stances,  and  the  social  position  of  the  criminal.  His  case 
was  warmly  pressed.  Petitions  for  a  commutation  of  pun 
ishment  were  signed  by  more  than  ten  thousand  persons, 
of  all  parties  and  ranks.  But,  closing  his  eyes  to  every 
consideration  but  the  claims  of  justice  and  the  integrity  of 
the  law,  and  believing  their  vindication,  in  such  a  case,  to 
be  highly  important,  Governor  Seward  steadfastly  refused 
all  entreaties  to  extend  pardon,  although  urged  by  strong 
political  and  personal  friends.  At  the  same  time,  pardons 
were  granted  to  ignorant  and  obscure  persons  who  had 
committed  forgeries  and  larcenies  for  trivial  amounts,  un 
der  the  excuse  of  absolute  want,  in  their  own  case,  or  that 
of  their  families.  The  discrimination  against  John  C. 
Colt,t  whose  case  excited  deep  interest  at  the  time,  pro 
ceeded  upon  similar  grounds. 

Nor  did  Governor  Seward  allow  the  pardoning  power  in 
his  hands,  to  become  converted  to  purposes  of  oppression. 
It  is  gratifying  to  know,  that  while  the  popular  approbation 

*  See  Vol.  IT.,  p.  630.  f  See  Vol.  II.,  p.  C46. 


78  EXECUTIVE   CLEMENCY. 

of  his  administration  in  other  respects,  owing  generally  to 
political  rancor,  was  delayed  until  the  prejudices  and  pas 
sions  of  the  day  had  subsided,  no  such  delay  occurred  in 
regard  to  his  conduct  in  the  matter  of  pardons.  His  acts 
in  this  department  of  his  duty,  generally  received  immediate 
and  wide-spread  commendation.  But  what  probably  was 
esteemed  by  him  as  more  important,  was  the  approving  tes 
timony  of  his  own  mind.  We  can  hardly  conceive  of  a 
higher  pleasure  than  he  must  have  experienced  in  writing 
the  following  letter  to  Catharine  Wilkins  (a  convict  he  had 
pardoned),  unless  it  was  surpassed  by  his  satisfaction  in 
learning  how  effectual  the  letter  had  been  in  saving  her  to 
whom  it  was  addressed. 

EXECUTIVE  DEPARTMENT,  May  1,  1839. 

You  have  been  convicted  of  Grand  Larceny  and  have  been  adjudged  to 
suffer  imprisonment  in  the  stateprison  for  three  years.  You  were  made 
known  to  benevolent  individuals  in  this  city  .by  your  crime  and  the  conse 
quent  trial  upon  it.  These  gentlemen  have  made  unsparing  exertions  to 
ascertain  your  real  name  and  history  and  to  call  your  distant  friends  to 
your  aid.  Those  friends  when  informed  of  your  unhappy  situation  have 
only  answered  that  they  were  too  humble  to  exercise  any  influence  in  your 
behalf  and  too  poor  even  to  visit  you  in  your  distress.  Whatever  willing 
ness  I  might  have  had  to  interpose  for  your  relief  you  must  be  aware  that 
it  has  been  accidental,  if  it  is  not  rather  to  be  regarded  as  providential,  that 
those  gentlemen  were  moved  to  solicit  that  interference.  But  you  ought 
also  to  understand  that  executive  interference  was  by  no  means  to  have 
been  expected,  even  upon  such  solicitation  as  has  prevailed  in  your  behalf. 
Very  many  applications  have  been  made  to  me  for  pardon  after  conviction 
and  before  the  sentence  was  carried  into  execution.  I  have  granted  none 
under  such  circumstances  where  I  was  not  satisfied  that  the  conviction  was 
iinjust  Yours  is  a  case  of  manifest  and  confessed  guilt  You  are  pardoned, 
ft  is  because  you  are  young;  because  this  is  your  first  exposure  to  the  law; 
because  you  are  a  woman  and  a  stranger,  and  it  may  in  charity  be  believed 
that  your  virtue  would  have  resisted  temptation  had  not  want  and  seduc 
tion  combined  to  effect  your  ruin.  If  confined  to  a  stateprison  your  good 
name  would  be  irretrievable  and  the  associates  to  which  you  would  be  ex 
posed  would  forbid  all  hope  of  reformation.  I  have  thought  it  my  duty  to 
accompany  the  pardon  now  freely  sent  to  you  with  my  advice  that  you  re 
turn  as  speedily  as  possible  to  your  aged  and  afflicted  mother:  that  you  jus 
tify  this  extraordinary  act  of  mercy  by  humble  and  persevering  assiduity  in 
domestic  duties  which  is  the  only  way  to  regain  the  respect  and  confidence 
of  your  friends  and  neighbors.  If  you  will  do  this  you  will  carry  consola- 


JAMES  WATSON   WEBB.  79 

tion  to  the  hearts  of  your  parents  and  I  shall  have  the  satisfaction  of  know 
ing  that  I  have  not  done  injustice  to  the  public  in  yielding,  for  once,  to  the 
impulses  of  sympathy. 
To  CATHARINE  WILKIXS. 

A  gentleman  who  had  interested  himself  in  this  case  in 
passing  through  New  Jersey,  recently,  found  this  young 
woman  there  enjoying  the  entire  respect  of  the  community. 
She  drew  the  governor's  letter  from  her  bosom  and  said 
that  its  advice  had  saved  her  from  ruin  and  that  it  had 
never  been  for  one  moment  out  of  her  immediate  possession. 

Governor  Seward  no  doubt  enjoyed  a  similar  pleasure  in 
the  surprise  exhibited  by  a  slaveholder,  who  applied  for  the 
pardon  of  his  slave,  convicted  of  crime  in  New  York,  and 
sent  to  the  stateprison  at  Sing-Sing.  The  master  urged 
his  petition  on  the  ground  that  it  would  relieve  the  state 
of  the  expense  of  the  slave's  imprisonment ;  and  he  present 
ed  the  record  of  a  case  where  a  slave  had  been  thus  par 
doned  by  one  of  the  governor's  predecessors.  Governor 
Seward  answered  that  notwithstanding  the  precedent,  he 
did  not  think  it  right  to  pervert  a  power  intrusted  to  him 
for  purposes  of  humanity,  to  accomplish  an  act  of  oppression. 

The  same  independence  of  character  was  manifested  in 
the  case  of  James  Watson  Webb.*  Colonel  Webb  had 
fought  a  duel  with  Hon.  Thomas  F.  Marshall,  in  the  state 
of  Delaware,  and  was  convicted  under  a  law  of  this  state, 
passed  as  early  as  1817,  and  sentenced  to  the  stateprison. 
There  had  been  no  attempt  to  enforce  this  law,  except  in 
two  cases  which  occurred  immediately  after  its  passage,  and 
in  these  instances,  the  offenders  were  pardoned  by  the  gov 
ernor  who  then  filled  the  executive  chair.  Afterward  the 
law  became  obsolete,  for  want  of  public  opinion  to  sustain 
it.  Duelling  was  still  practised  in  the  state  of  New  York, 
notwithstanding  this  law  was  on  the  pages  of  the  statute- 
book,  and  that  too  by  men  enjoying  the  highest  distinctions 
and  honors,  including  De  Witt  Clinton  himself.  It  is  easy 

*  See  Vol.  IL,  p  661. 


80  THE    VETO    POWER. 

to  see  that  if  the  offender  in  the  duel  with  Marshall,  had 
been  a  political  editor  opposed  to  Governor  Scward,  the 
enforcing  of  the  conviction  under  such  circumstances,  would 
have  been  regarded  as  an  act  of  personal  and  political  re 
taliation.  No  one  can  suppose  he  would  have  enforced  it 
under  such  circumstances.  But  Colonel  Webb,  the  offender 
in  this  case,  was  a  personal  and  political  friend  of  Gover 
nor  Seward's,  and  his  editorial  controversies  had  made 
many  relentless  enemies.  Colonel  Webb  having,  like  many 
others,  maMe  himself  liable  to  the  penalties  of  this  law, 
probably  without  being  aware  of  its  existence,  those  ene 
mies,  unconscious,  without  doubt,  of  the  motives  which  in 
fluenced  them,  demanded  the  rigorous  application  of  the 
obsolete  statute.  The  governor  showed,  in  this  instance, 
that  lie  was  not  afraid  to  do  in  the  case  of  a  friend,  what 
all  men  who  knew  his  impartiality  and  magnanimity,  would 
have  expected  him  to  do  toward  an  adversary.  He  par 
doned  Colonel  Webb.  In  the  case  of  Rathbun,  he  would 
not  pardon,*  because,  among  other  principal  reasons,  the 
offender  had  moved  in  high  circles  and  had  powerful  friends. 
In  the  case  of  Webb,  he  pardoned  notwithstanding  he  oc 
cupied  an  elevated  position  and  was  surrounded  by  influen 
tial  friends.  In  both  instances  he  showed  his  coolness  and 
courage  in  resisting  popular  clamor,  when  satisfied  that 
justice  demanded  such  resistance. 

Governor  Seward's  principles  in  the  exercise  of  the  veto 
power,  may  be  learned  by  reference  to  his  messages*  deliv 
ered  on  the  several  occasions  when  he  assumed  its  exercise. 
The  D'Hauteville  case  will  serve  as  an  illustration. 

A  lady  of  large  wealth,  a  resident  of  Boston,  while  trav 
elling  in  Europe,  had  married  a  French  gentleman,  by  the 
name  of  D'Hauteville,  of  greater  respectability  than  of  for 
tune.  One  child  was  the  fruit  of  this  connection.  She  sep 
arated  from  her  husband,  and  returned  to  America,  in  1840, 
bringing  her  child  with  her.  D'Hauteville  appeared  in  Bos- 

*  See  Vol.  IT.,  pp.  r>7-i,  379,  426,  <fee. 


THURLOW   WEED.  81 

ton,  and  demanded  her  return  to  Europe,  insisting,  in  case 
of  refusal,  on  the  custody  of  his  child.  The  friends  of  the 
lady,  designing  that  she  should  take  refuge  in  the  state  of 
New  York,  procured  a  hurried  passage  of  an  act  by  the 
legislature  of  this  state,  then  in  session,  providing  that 
where  an  American  woman  should  be  married  to  a  foreigner 
who  should  propose  to  require  her,  with  his  children,  to  re 
move  to  Europe,  the  court  of  chancery  should  have  the 
power  to  interpose  and  take  charge  of  the  children  and 
their  fortune.  A  veto  from  Governor  Seward  arrested  the 
passage  of  this  bill,*  upon  the  ground  that  no  nation  could 
wisely  or  justly  make  a  discrimination  in  its  laws  regulating 
parental  or  other  domestic  relations,  on  the  ground  of  the 
alienage  of  either  of  the  parties  —  a  decision  the  wisdom 
and  soundness  of  which  few  can  doubt.  . 

With  the  return  of  an  opposition  to  the  legislature,  came, 
of  course,  a  desire  for  the  beneiits  to  be  derived  from  the 
enjoyment  of  the  state  printing.  An  act  was  passed  re 
moving  Thurlow  Weed  from  the  office  of  state  printer,  which 
he  held,  under  a  contract  authorized  by  law.  Governor 
Seward  interposed  his  vetof  promptly,  on  the  ground  of  the 
inhibition,  in  the  constitution  of  the  United  States,  of  the  pas 
sage  of  laws  by  the  states  impairing  the  obligation  of  contracts. 

But  while  he  thus  exercised  the  veto-power  to  arrest  in 
considerate  and  unconstitutional  legislation,  he  declined 
interfering  in  cases  of  pure  legislative  discretion,  as  has 
been  seen  in  his  action  on  the  New  York  registry  bill,  and 
in  his  consent,  against  his  own  opinions,  to  the  act  of  1842, 
suspending  the  public  works.  In  such  cases,  however,  he 
insisted  on  the  right  of  stating  the  grounds  of  his  qualified 
approval  of  bills,  in  the  message  communicating  the  execu 
tive  assent.  It  must  be  left  to  impartial  public  opinion,  free 
from  the  bias  of  temporary  excitement,  to  decide  between 
him  and  the  legislature,  on  their  refusal  to  receive  such 
messages  and  enter  them  on  their  journal.^ 

*  See  Vol.  II.,  p.  374.        f  See  Vol.  II.,  p.  426.       %  See  Vol.  II.,  p.  411. 

4* 


82  FUGITIVE  SLAVES  —  JURY-TRIAL. 


CHAPTER   XIII. 


—  VIRGINIA    CONTROVERSY  —  COLORED    VOTERS  —  KIDNAP 
PING —  NORTHRUP  CASE  —  ELECTION  OF  1840  —  HENRY  CLAY 

—  POLITICAL   AFFAIRS — RENOMINATION   DECLINED. 

IN  his  administration  of  the  state  government,  Governor 
Seward  took  a  firm  and  dignified  attitude  against  the  insti 
tution  of  slavery.  He  labored  to  clear  the  statute-books 
of  every  provision  which  authorized  holding  a  man  in  slave 
ry,  in  any  form,  or  on  any  pretext.  His  devotion  to  the 
principles  of  freedom  at  length  accomplished  the  work  which 
had  been  so  nobly  commenced  by  the  admirable  statesman 
John  Jay,  in  1795.  The  law,  which  permitted  a  master, 
travelling  through  the  state  with  his  slaves,  to  retain  them 
for  the  space  of  nine  months,  was  repealed  through  his  in 
fluence.  It  was  this  repeal  by  which  the  slaves  in  the  re 
cent  Lemon  case,  who  had  been  brought  from  Virginia  to 
the  city  of  New  York,  in  order  to  be  shipped  to  Texas,  were 
saved  from  perpetual  bondage. 

Governor  Seward  also  procured  the  passage  of  an  act  by 
the  legislature,  allowing  the  benefit  of  a  jury-trial  to  per 
sons  claimed  as  fugitive  slaves.  He  defended  this  right 
with  his  usual  fervid  eloquence,  and  it  was  mainly  through 
his  efforts  that  it  was  incorporated  in  the  policy  of  the  state. 
At  a  subsequent  period,  when  the  fugitive-slave  bill  was  de 
bated  in  the  United  States  senate,  he  labored  to  have  a  sim 
ilar  provision  engrafted  in  its  details. 

An  act  was  also  passed,  at  his  instance,  prohibiting  state 
officers  from  participating  in  actions  for  the  recovery  of  fu 
gitive  slaves,  and  denying  the  use  of  the  public  jails  for 


UNIVERSAL   SUFFRAGE.  83 

their  detention.  He  held  that  these  were  actions  under  the 
constitution  and  laws  of  the  United  States,  and  should, 
therefore,  be  executed  only  by  the  United  States  marshals 
and  judges  in  United  States  courts,  and  that  imprisonments 
they  might  order  should  be  in  United  States  prisons,  if  such 
could  be  found.  Although  the  supreme  court  of  the  United 
States  pronounced  these  laws  to  be  unconstitutional,  they 
were  clearly  founded  on  the  eternal  principles  of  right  and 
justice.  They  will  form  an  enduring  memorial  of  the  wise 
humanity  of  Governor  Seward,  and  of  his  heartfelt  devo 
tion  to  the  spirit  of  freedom,  as  embodied  in  the  Declaration 
of  Independence. 

It  was  through  his  agency,  moreover,  that  a  law  was 
enacted,  in  1840,  for  the  recovery  of  free  colored  citizens 
of  New  York  who  should  be  kidnapped  into  slavery.  This 
law  authorized  the  governor  to  employ  an  agent  for  the  aid 
of  such  persons,  securing  their  restoration  to  liberty.  It 
was  under  the  provisions  of  this  act,  that  H.  B.  Northrup, 
Esq.,  of  Washington  county,  New  York,  in  January,  1853, 
procured  the  liberty  of  Solomon,  a  colored  man,  long  a 
member  of  his  family,  who  twelve  years  ago  had  been  in 
veigled  to  the  city  of  Washington,  and  there  kidnapped  and 
sold  into  slavery. 

Among  Governor  Scward's  last  official  recommendations 
to  the  legislature,  was  an  amendment  of  the  constitution  of 
the  state,  by  which  the  freehold  qualification  required  of 
citizens  of  the  African  race,  as  a  condition  of  exercising  the 
right  of  suffrage,  should  be  abolished.  He  based  this  rec 
ommendation  on  the  principles  of  natural  justice.  And  he 
urged  the  necessity  of  granting  the  right  of  suffrage  to  ev 
ery  class  of  persons  subject  to  the  laws  of  the  state,  and 
the  safety  with  which  it  could  be  thus  extended  where  a 
system  of  universal  education  had  already  been  established. 
It  is  to  be  regretted  that  on  the  revision  of  the  constitution, 
in  1846,  this  recommendation  was  found  to  have  anticipated 
public  sentiment  for  an  indefinite  period  of  time.  But  that 


84  THE    VIRGINIA    CASE. 

Governor  Seward's  recommendation  on  this  point  will  yet 
be  adopted  and  incorporated  into  the  constitution  of  the 
state,  there  can  not  be  a  doubt. 

The  course  of  Governor  Seward  in  regard  to  these  meas 
ures  was  an  agreeable  surprise  to  the  abolitionists,  who  had 
failed  to  obtain  any  pledge  from  him  during  the  preliminary 
canvass.  His  noble  position  in  the  "  Virginia  case"  was 
adapted  to  win  the  admiration  of  every  lover  of  freedom.* 

The  outlines  of  this  case  may  be  briefly  given  as  follows  : 
In  1839,  a  vessel  from  Norfolk,  Virginia,  on  arriving  near 
the  port  of  New  York,  was  found  to  contain  a  slave,  who 
had  secreted  himself  in  the  hold.  He  was  taken  and  con 
veyed  back  to  bondage.  Three  colored  seamen  belonging 
to  the  vessel,  who  had  expressed  their  sympathy  with  the 
fugitive,  were  charged  with  having  conveyed  him  out  ol 
the  state  by  stealth.  Affidavits  were  made  to  that  effect  in 
Norfolk.  A  requisition,  based  on  these  affidavits,  was  made 
by  the  lieutenant-governor  of  Virginia  upon  the  governor  of 
New  York,  for  the  surrender  of  the  accused,  in  accordance 
with  the  provisions  of  the  constitution  of  the  United  States, 
and  the  act  of  Congress  of  1793,  concerning  fugitives  from 
justice.  Before  the  requisition  was  presented  to  Governor 
Seward,  the  parties  had  been  arrested  in  the  city  of  New 
York  ;  but,  having  been  brought  before  Robert  H.  Morris, 
the  recorder  of  the  city,  on  a  writ  of  habeas  corpus,  were 
discharged  by  him  on  the  ground  of  the  insufficiency  of  the 
affidavits  to  justify  their  detention.  The  lieutenant-governor 
of  Virginia,  however,  persisted  in  the  requisition,  demand 
ing  that  the  governor  of  New  York  should  surrender  the 
persons  as  fugitives  from  justice.  Governor  Seward  replied 
that  they  had  been  discharged  from  arrest  in  due  course  of 
law,  and  that  the  affidavits  in  support  of  the  requisition  were 
informal  and  insufficient.  At  the  same  time,  he  admitted 
that  these  affidavits  could  be  replaced  by  new  affidavits,  or 
a  formal  indictment.  Disdaining,  however,  to  stand  upon 

*  See  "Virginia  Controversy,"  Vol.  IT.,  pp.  449—516. 


FUGITIVES   FROM   JUSTICE.  85 

mere  light  technicalities  in  so  grave  a  case,  he  met  the  ques 
tion  on  the  broad  and  universal  principles  which  it  involved. 
He  took  the  ground  that  the  crimes  contemplated  by  the 
constitution  of  the  United  States,  in  its  provisions  authori 
zing  the  demand  of  fugitives  from  justice,  between  the  sev 
eral  states,  were  not  such  crimes  as  depended  on  the  arbi 
trary  legislation  of  a  particular  state,  but  such  as  were  mala 
in  sese — crimes  which  could  be  determined  by  some  com 
mon  standard,  as  the  concurrent  sense  of  the  several  states 
—  the  common  law  received  by  them  all  alike,  or  the  uni 
versal  sentiment  of  civilized  nations.  No  state,  he  argued, 
could  force  a  requisition  upon  another  state,  founded  on  an 
act  which  was  only  criminal  through  its  own  legislation, 
but,  compared  with  general  standards,  was  not  only  inno 
cent,  but  humane  and  praiseworthy.  Thus,  the  aiding  of  a 
slave  to  escape  from  bondage  was  in  itself  an  act  of  virtue 
and  humanity.  No  statute  could  pronounce  such  an  act  a 
crime,  without  a  perversion  of  both  reason  and  justice.  Still 
further,  though  slavery  was  left  by  the  constitution  of  the 
United  States  to  the  exclusive  jurisdiction  of  the  states 
where  it  existed,  it  was  carefully  excluded  from  federal 
recognition.  Hence  no  state  was  bound  by  the  constitution ' 
to  recognise  slavery  or  any  of  its  incidents  in  another  state, 
so  as  to  create  an  obligation  for  the  surrendry  of  persons 
charged  with  offences  in  violation  of  laws  enacted  by  slave- 
holding  states  for  the  maintenance  of  slavery.  This  rea-* 
soning  was  applicable  to  all  cases,  and  not  alone  to  those 
which  grew  out  of  slavery.  By  the  laws  of  New  York,  for 
instance,  as  in  several  other  states,  there  was  no  legal  im 
prisonment  for  debt.  But  in  Pennsylvania  this  barbarous 
custom  was  still  sanctioned  by  the  laws :  hence,  in  that 
state,  resistance  by  a  debtor  to  a  civil  officer  charged  with 
process  was  a  felony.  The  governor  of  Pennsylvania  had 
made  a  requisition  on  Governor  Seward,  under  the  federal 
constitution,  for  the  surrender  of  a  citizen  of  New  York, 
indicted  in  Pennsylvania,  for  resistance  to  a  sheriff  charged 


86  THE   VIRGINIA   CONTROVERSY. 

with  an  execution  against  his  person.  Governor  Seward 
refused  to  comply  with  the  requisition,  on  the  principles  be 
fore  stated.  While  the  decision  was  acquiesced  in  by  the 
state  of  Pennsylvania,  Virginia  withheld  its  assent  in  the 
case  presented  from  that  state. 

A  correspondence  ensued,  which  continued  during  the 
whole  of  Governor  Seward's  administration.  The  legisla 
ture  of  Virginia  appealed  from  the  governor  to  the  legis 
lature  of  New  York.  The  public  mind  was  profoundly 
moved  by  this  novel  and  important  discussion.  Although 
not  made  an  affair  of  strict  party  division,  the  whig  legisla 
tures  of  New  York,  more  or  less  explicitly,  sustained  the 
position  of  the  governor. 

Upon  the  election  of  an  opposition  legislature  in  1842, 
the  assembly  took  a  different  ground,  and  requested  Gov 
ernor  Seward  to  communicate  their  opinion  to  the  legisla 
ture  of  Virginia.  In  a  firm  but  respectful  manner,  he  de 
clined  to  comply  with  the  request.*  The  soundness  of  his 
views  on  this  subject  received  a  striking  illustration  in  sub 
sequent  requisitions  by  the  governors  of  Louisiana  and 
Georgia,  demanding  the  surrendry  of  fugitive  slaves  on  the 
most  frivolous  pretexts  as  fugitives  from  justice ;  in  one  case, 
on  the  indictment  of  a  female-slave  for  stealing  the  gown 
on  her  back,  valued,  by  the  grand  jury  who  found  the  indict 
ment,  at  twelve  and  a  half  cents :  and  in  the  other,  on  the 
indictment  of  a  person  for  stealing  a  female-slave  from  her 
master,  and  stealing  the  calico  dress  and  trinkets  worn 
upon  her  person,  when  the  entire  transaction  consisted,  at 
most,  in  his  persuading  the  slave  to  make  her  escape  from 
bondage. 

The  state  of  Virginia,  combined  with  other  states,  re 
sorted  to  retaliatory  measures  designed  to  injure  the  com 
merce  of  New  York.  But  this  produced  no  change  in  the 
decision  of  Governor  Seward,  nor  in  public  opinion,  con 
cerning  the  controversy.  The  judgment  which  will  ulti- 

*  See  Special  Messages,  Vol.  IT.,  pp.  385-433. 


IMPRISONMENT   OP   COLORED   CITIZENS.  87 

mately  be  passed  upon  his  conduct  in  this  affair,  by  the 
moral  sentiment  of  mankind,  is  indicated  in  the  construc 
tion  placed  by  the  British  ministry  on  the  article  of  the 
recent  treaty  in  regard  to  the  extradition  of  fugitives 
from  justice — an  article  of  similar  purport  to  the  extradi 
tion  article  in  the  federal  constitution.  It  was  stated  by 
them  in  the  house  of  commons,  that  they  should  not  deem 
themselves  bound  to  surrender  any  person  charged  with  a 
crime  which  should  appear  to  have  been  committed  by  the 
offender  in  effecting  his  own  escape,  or  that  of  another 
from  slavery.  In  connection  with  this  subject,  it  may  be 
added  that  Governor  Seward  always  maintained  the  uncon- 
stitutionality  of  imprisoning  colored  citizens  of  the  free 
states  in  the  slaveholding  states,  when  not  charged  with 
actual  crime.  In  case  of  such  imprisonment  of  citizens  of 
New  York,  he  employed  agents  at  the  expense  of  the  state 
to  obtain  their  restoration  to  freedom. 

The  condition  of  Governor  Seward's  private  affairs,  which 
had  been  affected  by  the  general  depreciation  of  property 
incident  to  the  financial  embarrassment  of  the  country, 
made  his  acceptance  of  a  re-election  in  1840  a  matter  of 
personal  sacrifice.  But  it  was  deemed  necessary  by  his 
political  friends.  His  own  mind  regarded  the  subject  in  a 
different  light.  He  had  been  elected  by  a  diminished  ma 
jority.  Several  hundreds  of  whig  votes  were  given  for 
other  candidates.  To  him  this  was  a  proof  of  dissatisfac 
tion  on  the  part  of  no  inconsiderable  number  of  persons ; 
many  had  been  disappointed  in  their  hopes  of  office  ;  others 
were  alienated  by  his  devotion  to  reform ;  his  policy  in 
regard  to  universal  education  was  greatly  misapprehended  : 
all  these  causes  led  him  to  doubt  whether  a  division  of  the 
party  would  not  be  produced  by  his  remaining  in  the  exec 
utive  chair,  although  no  one,  in  fact,  ever  possessed  a 
stronger  hold  on  the  confidence  of  a  great  political  party 
than  he  did  at  that  moment.  Besides,  Governor  Seward 
foresaw,  more  clearly  than  many  of  his  friends,  the  progress 


88  PRESIDENTIAL   CANVASS  —  MR.    CLAY. 

of  reaction  in  regard  to  internal  improvements.  The  op 
ponents  of  the  policy  were  rapidly  gaining  ground ;  it 
would  be  necessary,  at  another  election,  to  present  a 
candidate  to  the  whig  party  against  whom  there  was  no 
considerable  prejudice.  Accordingly,  in  January,  1841, 
Governor  Seward  announced  his  determination,  under  no 
circumstances,  to  again  become  a  candidate  for  the  exec 
utive  office.  The  announcement  took  the  public  by  sur 
prise,  especially  as  it  was  made  at  a  time  when  he  was 
regarded  as  having  triumphed  over  all  opposition,  and 
gained  a  firm  footing  as  a  leader  of  the  whig  party.  His 
last  annual  message*  was  considered  the  ablest  official  pro 
duction  of  his  pen.  Nor  is  it  too  much  to  say  that  few,  if 
any,  abler  documents  have  ever  issued  from  the  executive 
chair  of  New  York. 

The  election  of  General  Harrison  in  1840,  who  had  been 
nominated  for  president,  in  preference  to  Mr.  Clay,  on  the 
ground  of  superior  availability,  induced  the  friends  of  the 
latter  distinguished  leader  to  believe  that  he  would  have 
been  successful  if  lie  had  received  the  nomination.  This 
conviction,  which  became  almost  universal,  produced  a  set 
tled  determination  to  secure  Mr.  Clay's  nomination  for  the 
canvass  of  1844.  The  policy  was  to  foreclose  the  question 
by  popular  movements  throughout  the  United  States  as 
early  as  the  spring  of  1842.  Governor  Seward  did  not 
assent  to  the  wisdom  of  the  plan.  He  yielded  his  private 
views,  however,  to  the  prevailing  sentiment  of  the  whig 
party.  But  he  could  not  be  persuaded  to  place  himself  at 
the  head  of  the  movement,  with  the  prospect  of  a  rcriomi- 
nation  for  governor.  On  the  contrary,  he  frankly  pointed 
out  to  his  friends  the  reasons  against  their  course.  The 
question  of  the  annexation  of  Texas,  he  argued,  had  be 
come  inevitable.  Under  the  excitement  produced  by  its 
discussion,  the  anti-slavery  interest  had  grown  up  in  the 
state,  from  one  thousand  in  1838,  to  two  thousand  five 

*  See  Vol.  IT.,  p.  297. 


LUTHER   BRADISH  —  WILLIAM   C.    BOUCK.  89 

hundred  in  1840,  in  opposition  to  General  Harrison  and 
himself,  neither  of  whom  was  regarded  with  special  preju 
dice  by  the  political  abolitionists.  It  was  more  than  prob 
able  that  the  premature  nomination  of  Mr.  Clay,  who  was 
already  severely  censured  by  the  abolitionists,  would  in 
crease  their  vote  at  the  state  election  of  1842,  from  five 
thousand  to  fifteen  thousand,  at  the  expense  of  the  whigv 
party.  This  would  insure  the  loss  of  the  state  to  the  whigs, 
as  well  as  of  the  presidential  election  of  1844. 

Other  counsels,  however,  prevailed.  Governor  Seward 
persisted  in  declining  a  renomination.  Mr.  Clay  was  the 
avowed  candidate  of  the  whigs  for  the  presidency.  The 
result  was  the.  increase  of  the  abolition  vote  to  sixteen 
thousand.  The  whigs  were  accordingly  defeated.  Their 
candidate  for  governor,  Hon.  Luther  Bradish  —  a  man  of 
unexceptionable  character,  well  known  to  the  public,  and 
universally  popular — lost  his  election  by  a  decided  vote.* 

On  the  last  day  of  Governor  Seward's  second  official 
term,  his  accounts  with  the  treasury  were  definitely  settled  ; 
and  on  the  first  day  of  January,  1848,  having  occupied  the 
executive  chair  four  years,  he  introduced  his  successor,  Gov 
ernor  Bouck,  to  the  people  of  the  capitol,  exchanging  with 
him  appropriate  courtesies  on  the  occasion  of  his  inaugura 
tion.  These  courtesies,  so  well  adapted  to  allay  animos 
ities  and  to  cultivate  a  better  tone  of  feeling,  were  at  that 
time  without  precedent.  They  made  a  favorable  impres 
sion  upon  the  public  mind.  With  that  successor,  and  all 
others  in  the  executive  chair,  of  whatever  politics,  Gover 
nor  Seward  maintained  relations  of  mutual  respect  and 
personal  friendship. 

How  strong  a  hold  his  benevolent  action,  during  his 
official  term,  had  taken  upon  the  classes  most  generally 
overlooked,  neglected  and  oppressed,  may  be  seen  by  refer 
ring  to  his  replies  to  letters  and  addresses  elicited  by  his 
retirement.! 

*  The  mnjoiity  for  \\Tlinm  C.  Bouck  was  22,000.  f  See  Vol.  III. 


RETIREMENT   FROM   OFFICE.  90 


CHAPTER   XIV. 

PRIVATE  LIFE  —  JOHN  QUINCY  ADAMS  —  PROFESSIONAL  LA 
BORS PATENT  CAUSES FREEDOM  OF  THE  PRESS FUGI 
TIVE  SLATE  CASE O'CONNELL. 

ON  retiring  from  his  official  duties,  Governor  Seward 
returned  immediately  to  his  residence  in  Auburn.  In  one 
week's  space  of  time,  he  was  seen  engaged  with  as  much 
calmness  and  assiduity  in  his  profession,  as  if  he  had  never 
been  removed  out  of  it.  Having  enjoyed  the  honors  of  the 
highest  post  in  his  native  state,  to  the  full  satisfaction  of  a 
noble  ambition,  and  in  a  manner  to  leave  the  deep  impress 
of  his  character  on  its  laws  and  institutions,  he  was  not 
only  content,  but  anxious  to  turn  again  to  the  calls  of  a 
profession,  which  he  ever  pursued  with  all  the  ardor  of  an 
amateur. 

In  1843,  Governor  Seward,  in  his  retirement  at  Auburn, 
had  the  gratification  of  a  visit  from  Ex-President  John 
Quincy  Adams,  between  whom  and  himself  the  most  inti 
mate  relations  of  friendship  had  long  existed.  The  meet 
ing  was  one  of  great  cordiality  and  affection.  It  has  been 
said,  and  we  believe  with  truth,  that  on  that,  as  well  as  on 
other  occasions,  Mr.  Adams  expressed  his  confidence  that 
the  great  work  of  human  rights,  which  he  would  be  obliged 
to  leave  unfinished,  would  devolve  more  completely  on 
Governor  Seward  than  on  any  surviving  statesman.  Thus 
far,  at  least,  that  expectation,  so  honorable  to  Governor 
Seward,  has  not  been  disappointed.  His  published  works 
contain  fragments  of  correspondence  between  Mr.  Adams 
and  Governor  Seward,  together  with  orations  and  speeches 


EULOGY  ON  JOHN  QUINCY   ADAMS.  91 

by  the  latter,  which,  while  they  illustrate  his  own  reverence 
for  Mr.  Adams,  have  been  regarded  as  presenting  their 
distinguished  subject  in  his  just  attitude  before  the  world. 

On  the  occasion  of  Mr.  Adams's  death,  Governor  Seward 
was  invited  by  the  legislature  of  New  York  to  pronounce 
a  eulogy*  on  his  character  and  services.  It  was  one  of  the 
most  faithful  and  eloquent  of  the  numerous  discourses  whicli 
were  prepared  on  that  great  national  bereavement.  Its 
closing  sentences,  instituting  a  comparison  between  the 
death  scenes  of  Napoleon  and  Adams,  are  scarcely  sur 
passed  in  pathetic  eloquence  by  any  modern  production. 
Believing  that  a  popular  biography  of  that  eminent  states 
man  would  be  more  useful,  in  disseminating  and  inculcating 
his  principles,  than  any  other  contributions  that  he  could 
make  to  his  memory,  Governor  Seward  applied  himself  to 
the  preparation  of  such  a  work.  With  the  aid  of  a  com 
petent  friend,!  it  was  brought  out  in  1849,  in  the  midst  of 
many  absorbing  professional  engagements.  The  author's 
expectations  were  fully  realized.  More  than  thirty-two 
thousand  copies  of  the  work  have  been  already  published, 
and  its  circulation  has  been  continually  increasing. 

At  the  annual  commencement  of  Union  College  in  1843, 
Governor  Seward  was  invited  to  deliver  the  address  before 
the  Phi  Beta  Kappa  Society,  of  which  he  is  a  member.  He 
accepted  the  appointment,  and  took  for  his  theme,  "  The 
Elements  of  Empire  in  America."!  The  address  was  wor 
thy  of  his  manly  and  vigorous  intellect,  and  his  extensive 
literary  attainments.  It  presented  a  comprehensive  view 
of  the  resources  of  the  American  Union,  and  pointed  out 
the  grandeur  of  its  destiny,  under  the  principles  of  justice 
and  freedom  on  which  it  was  founded.  By  special  invita 
tion,  he  repeated  the  address  at  the  commencement  of  Am- 
herst  College,  the  same  year. 

During  the  ensuing  six  years,  Governor  Seward  devoted 
himself  to  the  duties  of  his  profession  with  brilliant  and 

«  See  Vol.  III.,  p.  75.       f  Rev.  J.  M.  Austin.       \  See  Vol.  III.,  p.  11. 


92  FORENSIC   ARGUMENTS  —  INVENTION. 

growing  success.  At  first,  his  practice  was  confined  to  the 
various  courts  of  the  state,  in  which  lie  received  liberal  re 
tainers  for  his  services.  After  the  lapse  of  about  two  years, 
however,  his  peculiar  aptitude  for  subjects  involving  scien 
tific  and  mechanical  principles  gained  him  a  large  and  lucra 
tive  practice  in  the  trial  of  patent  cases  in  the  United  States 
courts.  He  was  thus  brought  into  contact  with  the  most 
distinguished  jurists  of  the  country,  whom  his  breadth  of 
intellect  and  sound  legal  learning  enabled  him  to  meet  on 
equal  terms.  In  one  of  his  arguments  he  discusses  the  sub 
ject  of  invention  in  the  following  eloquent  language  :  — 

"  There  are  two  gre.it  principles  of  activity,  in  regard  to  the 
world.  One  is  creation,  the  other  is  invention.  Creation  is  the 
peculiar  attribute  of  Him  who  made  all  worlds,  all  that  is  on  the 
earth,  in  the  earth,  and  in  the  waters  under  the  earth,  for  the 
greatness,  and  the  welfare,  and  the  happiness  of  our  race.  He 
created  nothing  that  is  not  adapted,  fit,  and  useful  in  some  way, 
to  promote  our  health,  welfare,  prosperity,  and  happiness.  He 
made  it  all,  in  the  counsels  of  his  own  will.  He  spoke  it  into 
existence  by  a  word,  but  he  concealed  it  from  his  creatures,  and 
made  it  their  greatest  glory  to  find  out  the  purposes,  principles, 
and  adaptations,  of  the  things  by  which  he  surrounded  them. 
Our  duty  consists  in  finding  them  out,  and  invention  is  nothing 
more  than  finding  out  what  will  promote  the  progress  of  society, 
through  all  time.  He  has  hidden  and  concealed  nothing  so  deeply 
that  we  can  not  find  out,  as  fast  as  is  best  for  our  welfare  and  con 
sistent  with  his  providence,  the  uses  and  purposes  of  everything. 
Invention,  then,  is  worthy  of  the  fostering  care  of  every  gorern- 
ment.  What  would  society  be  now,  but  for  the  exercise  of  in 
vention  in  times  past?  Where  lies  our  hope  of  progress  in  soci 
ety,  but  in  the  exercise  of  invention  for  the  future  ]  Hope  is, 
in  this  respect,  the  spring  of  youth  to  mankind  and  to  nations. 
And,  in  the  exercise  of  invention,  the  world  is  renewing  itself, 
and  becoming  wiser  and  better,  as  it  approaches  those  latter  days 
when  our  species  will  have  attained  a  comparative  degree  of  per 
fection  and  exaltation. 

"  Wherein  consisted  the  advantage  of  the  Spaniard  over  the 


INVENTION.  93 

Penivian  and  tlie  Mexican,  when  lie  subverted  the  empires  of 
America  1  It  was  in  this,  that  the  invader  had  invented  the 
power  which  resides  in  the  combination  of  sulphur,  saltpetre,  and 
charcoal.  Wherein  our  superiority  over  the  enemy,  whom  we 
have  recently  defeated  in  the  centre  of  this  continent,  but  that 
we  have  rewarded  invention  ]  Look,  too,  at  the  dignity  of  this 
principle  of  invention.  It  stands  in  contrast  with  the  power  of 
the  Almighty.  He  creates  instantly  ;  man  finds  out  slowly,  pro 
gressively,  laboriously.  When  you  reflect,  you  will  see  that 
there  is  danger  of  misapprehension.  You  have  been  imagining 
that  somebody  made,  or  created,  a  railroad-wheel.  But  no  hu 
man  being  creates.  God  alone  creates.  It  is  our  province,  wor 
thy  of  the  patronage  of  government,  and  the  highest  exercise  of 
human  power,  to  follow  the  clews  which  lead  us  to  his  designs, 
with  regard  to  matter,  for  our  happiness  and  welfare.  And  what 
is  there  wrong  in  this  system  ?  Society  says  to  all  alike,  that, 
if  they  will  devote  talent  to  the  discovery  of  anything  which  will 
contribute  to  the  welfare  of  society,  they  shall  have  the  first  en 
joyment  of  it  for  fourteen  years,  on  condition  that  they  will  then 
publish  it  for  the  benefit  of  the  world  at  large,  for  this  and  future 
generations.  If,  then,  there  is  an  honest  thought  in  your  hearts, 
do  not  your  cheeks  blush  with  shame,  not  because  your  country 
has  conferred  this  benefit,  here  and  there,  on  a  struggling  invent 
or,  but  because  you  are  filled  with  virtuous  indignation  that  Ful 
ton  sleeps  in  his  grave,  while  his  family  are  mendicants,  and 
while  the  production  he  gave  to  the  world  has  become  the  engine 
of  your  commerce,  the  great  uniting  power  that  binds  your  con 
federacy  together,  and  is  revolutionizing  the  East,  bringing  Africa 
and  Asia  into  the  great  fold  of  the  family  of  civilized  man  ?  It 
is  a  burning  reproach,  that  he  who  made  the  lightning  your  mes 
senger,  and  bids  it  carry  for  you  messages  of  love,  and  grief,  and 
joy,  and  triumph,  and  trouble,  is  standing  here  this  day,  in  this 
court,  a  suppliant  to  the  laws  of  the  land,  to  protect  him  for  four 
teen  years  in  the  enjoyment  of  that  instrument,  the  effects  of 
which,  to  benefit  mankind,  can  not  be  bounded  bylines,  and  will 

be  felt  when  time  shall  have  ceased  to  exist 

"  The  human  race  is  yet  enthralled  in  ignorance,  and  to  a 
great  degree  in  poverty  and  suffering.     Society  is  to  be  disen- 


94  INVENTION. 

thralled  by  finding  out  the  properties  which  God  has  conferred 
on  matter. 

"  If  the  merit  of  invention  is  so  great,  it  must  be  a  pleasing 
gratification  to  Him  who  organized  the  system  on  which  human 
society  is  established,  when  he  sees  one  of  his  creatures  so  em 
ployed.  And  there  must  have  been  a  beneficent  smile  from  on 
high,  lighting  up  a  halo  round  the  head  of  Fulton,  when  he  in 
vented  a  steamboat.  No  less  beneficent  must  have  been  the 
fcmile  when  these  poor  and  humble  citizens  produced  an  inven 
tion  which  would  save  the  loss  of  human  life  on  railroads.  You 
are  the  interpreters  of  the  Omniscient  Eye  in  regard  to  the  apti 
tude  of  iron  for  the  purpose  which  we  have  been  discussing. 
You  must  perform  your  duty  under  the  belief  that  he  sees  your 
hearts,  and  tries  your  reins,  and  that  whatever  judgment  is  meted 
by  you,  shall  be  meted  to  you  again.  For  there  is  an  all-seeing 
Eye,  that  renders  to  us,  even  in  this  life,  the  reward  we  merit 
for  doing  justly 

"  I  ask  you,  gentlemen,  to  believe  me  when  I  say  that  you 
arc  capable  of  learning  something  new  in  regard  to  the  exercise 
of  this  faculty  of  invention.  It  is  not,  like  creation,  an  instanta 
neous  and  a  perfect  thing ;  but  it  is  a  progressive  and  an  imper 
fect  thing.  Invention  is  finding  out  in  the  dark.  It  is  groping 
in  a  cavern,  stored  with  all  things  adapted  for  our  purposes. 
The  steam-engine  was  conceived  one  hundred  years  before  it 
floated  on  the  water,  or  traversed  the  land.  It  was  described 
in  1783,  an  engine  as  complete  as  it  could  be.  But  the  Hudson 
received,  long  after  that,  the  first  burden  of  a  boat  floated  by 
steam.  I  have  seen,  in  a  distant  land,  a  monument  to  the  man 
who  perfected  the  steam-engine  so  that  it  produced  motion.  And 
what  was  the  achievement  of  Fulton  ?  It  was,  that  when  the 
steam-engine  had  been  perfected,  he  stumbled  upon  the  manner 
of  applying  it  to  move  a  boat.  When  was  the  magnetic  tele 
graph  discovered?  The  germ  of  it  was  brought  to  light  by 
Franklin,  when  he  brought  down  electricity  from  the  clouds  by 
means  of  a  kite.  Yet  that  was  seventy  years  ago.  And  it  was 
only  within  a  few  years  that  the  manner  of  applying  that  prin 
ciple  has  been  discovered.  A  cause  precedes  an  effect.  One 
thing  always  precedes  or  produces  another.  The  carriage-wheel 
produced  the  first  railroad- wheel — of  course,  it  was  a  spoke- 


FREEDOM   OF   THE   PRESS.  95 

wheel.  The  inventor  gropes  in  a  cavern,  holding  on  to  a  chain 
that  is  suspended  to  the  throne  of  God,  who  permits  him  to  grasp 
but  a  single  link  at  a  time.  There  must  be  the  boll  of  rotting 
flax,  before  there  can  be  the  bridal  veil.  There  must  be  the 
egg -before  the  eagle,  the  thought  before  the  thing. 

'We  learn  upon  a  hint,  we  find  upon  a  clew, 
From  the  basket  and  acanthus  is  modeled  the  graceful  capital ; 
The  shadowed  profile  on  the  wall  helpeth  the  limner  to  his  likeness; 
The  foot-marks  stamped  on  the  clay,  lead  on  the  thoughts  to  printing; 
The  strange  skin-garments  cast  upon  the  shore,  suggest  another  hemisphere ; 
A  falling  apple  taught  the  sage  prevailing  gravitation ; 
The  Huron  is  certain  of  his  prey  from  tracks  upon  the  grass, 
And  shrewdness,  guessing  on  the  hint,  followeth  the  trail; 
But  the  hint  must  be  given,  the  trail  must  be  there,  or  the  keenest  sight  is 
as  blindness.'" 

At  the  same  time,  Mr.  Seward's  genial  and  generous  dis 
position,  and  the  natural  frankness  of  his  manners,  gave  him 
great  influence  with  a  jury,  and  made  his  services  indispen 
sable  as  counsel  in  criminal  cases.  His  zeal  in  the  defence 
of  persons  unjustly  accused  was  so  great,  that  he  has  been 
known  not  only  to  give  his  best  efforts  gratuitously,  but  to 
furnish  a  large  amount  of  funds  from  his  own  means  in  their 
behalf. 

In  1845,  Governor  Seward  was  engaged  in  a  libel-suit  in 
the  supreme  court  of  New  York,  in  the  case  of  J.  Fenimore 
Cooper  vs.  Greeley  and  M'Elratb,  publishers  of  the  "  New 
York  Tribune."  He  was  counsel  for  the  defendants.  It 
was  deemed  a  case  of  much  importance,  involving  as  it  did 
the  rights  of  newspaper  publishers  to  utter  their  opinions 
as  to  the  character  and  acts  of  men  holding  positions  of  in 
fluence  before  the  public.  Governor  Seward's  argument* 
in  this  case  was  a  sound  and  searching  production ;  it  sifted 
thoroughly,  and  to  the  bottom,  the  whole  subject  of  libel, 
the  modifications  which  that  law  appears  to  have  undergone 
by  judicial  construction  in  this  state,  and  the  rights  of  the 
press  and  the  people :  the  right  of  free  thought  and  free 

*  See  Vol.  I.,  p.  391. 


96  FUGITIVE-SLAVE   CASE. 

speech,  on  the  one  hand,  and  the  right  of  exemption  from 
vituperation  and  libel  on  the  other — all  were  brought  un 
der  review,  and  discussed  with  clearness  and  effect.  The 
public  and  the  press  will  acknowledge  their  obligations  to 
Governor  Seward  for  the  ability  and  force  with  which  the 
freedom  of  speech  and  of  opinion  was  illustrated  and  de 
fended  on  that  trial. 

At  the  solicitation  of  citizens  of  Cooperstown,  New  York, 
Governor  Seward  left  the  state  fair  at  Auburn,  in  1844,  to 
defend  a  person  of  politics  adverse  to  his  own,  charged  with 
the  crime  of  murder.  When  he  had  the  pleasure  of  secu 
ring  a  verdict  which  reduced  the  crime  to  manslaughter,  in 
opposition  to  the  opinion  of  the  court,  he  declined  to  receive 
any  compensation  for  his  successful  effort  in  behalf  of  the 
prisoner,  although  it  was  tendered  by  the  jury,  who  felt 
themselves  indebted  to  him  for  showing  how  they  could 
rightfully  vindicate  the  laws,  and  by  it  save  a  human  life. 

In  1847,  Governor  Seward  was  solicited  by  certain  hu 
mane  persons  in  Cincinnati,  with  a  tender  of  compensation, 
to  be  raised  by  subscription,  to  appear  before  the  supreme 
court  at  Washington,  in  behalf  of  John  Van  Zandt,  who  was 
charged  with  aiding  certain  fugitives  in  an  attempt  to  escape 
from  slavery.  He  consented  to  undertake  the  case.  The 
argument*  which  he  delivered  on  this  occasion  presented  a 
masterly  and  unequalled  analysis  of  the  fugitive-slave  law 
of  1793,  and  the  provisions  of  the  federal  constitution  in 
regard  to  the  subject.  It  closed  with  the  following  earnest 
appeal  to  the  court :  — 

"  The  act  of  1793  is  unconstitutional,  because,  by  implication 
and  certain  effect,  it  recognises  slavery  as  a  lawful  institution, 
lawfully  creating  an  obligation  to  labor.  All  slavery  is  an  open 
violation  of  the  personal  rights  guarantied  to  the  people  by  the 
constitution.  However  true  it  may  be  that,  when  Congress  finds 
the  institution  existing  in  any  state,  they  have  no  power  to  dis- 

*  See  Vol.  I.,  p.  476. 


FUGITIVE-SLAVE   CASE.  97 

turb  it  there  —  it  is  clear  that  they  have  no  right  to  extend  it 
into  other  states,  or  compel  such  states  to  recognise  its  peculiar 
code.  Such  a  power  is  not  expressly  conferred  by  the  section 
which  has  been  considered,  nor  is  it  implied  by  any  necessary 
or  reasonable  construction.  It  is  manifestly  excluded  from  that 
portion  of  the  instrument,  absolutely  interdicted  by  others  which 
have  been  recited,  and  is  at  war  with  the  spirit  of  the  whole  con 
stitution.  We  need  not  refer  again,  minutely,  to  its  provisions 
to  support  this  argument.  Our  senses  tell  us,  our  happiness  as 
sures  us,  our  pride  proclaims,  the  graves  and  glory  of  our  ances 
tors,  every  day  and  every  hour  remind  us,  that  we  are  a  FREE 
people  ;  and  that  the  constitution  is  a  legacy  of  liberty  ;  and,  so 
far  as  liberty  and  slavery  depend  on  that  great  charter,  all  men 
are  free  and  equal.  If  all  this  be  not  evidence  enough,  we  can 
read  the  same  truth  in  the  severe  derision  we  justly  excite 
throughout  the  world,  and  the  humiliation  we  can  not  conceal, 
when  we  attempt  to  justify  the  toleration  of  slavery. 

"  For  myself,  an  humble  advocate  in  a  great  cause,  I  can  not 
hope,  I  dare  not  hope,  I  do  not  expect,  that  principles  which 
seem  to  me  so  reasonable,  so  just  and  truthful,  can  all  at  once 
gain  immediate  establishment  in  this  tribunal,  against  the  force 
of  many  precedents  and  the  weight  of  many  honored  names. 
But  I  do  humbly  hope  that  past  adjudications,  by  which  the 
constitution  was  unnecessarily  declared  to  recognise,  sanction, 
and  guaranty  slavery,  may  be  reconsidered.  I  appeal  to  the 
court  to  restore  to  that  revered  instrument  its  simplicity,  its 
truthfulness,  its  harmony  with  the  Declaration  of  Independence 
— its  studied  denial  of  a  right  of  property  in  man,  and  its  jealous 
regard  for  the  security  of  the  people.  I  humbly  supplicate,  that 
slavery,  with  its  odious  form  and  revolting  features,  and  its  dread 
ful  pretensions  for  the  present  and  for  the  future,  may  not  receive 
in  this  great  tribunal,  now,  sanction  and  countenance,  denied  to  it 
by  a  convention  of  the  American  states  more  than  half  a  century 
ago.  Let  the  spirit  which  prevailed  in  that  august  assembly, 
only  find  utterance  here,  and  the  time  will  come  somewhat  more 
speedily,  when  throughout  this  great  empire,  erected  on  the 
foundation  of  the  rights  of  man,  no  court  of  justice  will  be  re- 

5 


98 

quired  to  enforce  INVOLUNTARY  obligations  of  LABOR,  and  up 
hold  the  indefensible  law  of  PHYSICAL  FORCE." 

The  argument  also  stated  most  of  the  important  objec 
tions  now  urged  against  the  present  fugitive-slave  law.  In 
this  case,  also,  Governor  Seward  declined  all  compensation. 

In  September  of  the  same  year,  Governor  Seward  was 
invited  by  the  Irish  citizens  of  the  city  of  New  York,  to 
deliver  a  eulogy  on  the  life  and  character  of  Daniel  O'Con- 
nell.*  An  immense  assemblage  of  adopted  and  native-born 
citizens,  listened  to  him  with  the  highest  admiration.  Like 
all  similar  efforts  from  the  pen  of  Governor  Seward,  it  was 
a  production  at  once  chaste  and  eloquent,  full  of  historical 
and  classical  allusions,  with  many  passages  of  the  most 
thrilling  pathos,  and  did  ample  justice  to  the  principles  and 
deeds  of  the  great  Irish  orator.  We  give  only  his  beau 
tiful  exordium :  — 

"  There  is  sad  news  from  Genoa.  An  aged  and  weary  pilgrim 
who  can  travel  no  farther,  passes  beneath  the  gate  of  one  of  her 
ancient  palaces,  saying  with  pious  resignation  as  he  enters  its 
silent  chambers :  '  Well  it  is  God's  will  that  I  shall  never  see 
Rome.  I  am  disappointed,  but  I  am  ready  to  die.' 

"  The  '  superb'  though  fading  queen  of  the  Mediterranean 
holds  anxious  watch  through  ten  long  days  over  that  majestic 
stranger's  wasting  frame.  And  now  death  is  there  —  the  Libe 
rator  of  Ireland  has  sunk  to  rest  in  the  cradle  of  Columbus. 

"  Coincidence  beautiful  and  most  sublime !  It  was  the  very  day 
set  apart  by  the  elder  daughter  of  the  church  for  prayer  and  sacri 
fice  throughout  the  world  for  the  children  of  the  sacred  island,  per 
ishing  by  famine  and  pestilence  in  their  houses  and  in  their  native 
fields,  and  on  their  crowded  paths  of  exile,  on  the  sea  and  in  the 
havens,  and  on  the  lakes  and  along  the  rivers  of  this  far  distant 
land.  The  chimes  rung  out  by  pity  for  his  countrymen  were 
O'CoNNELL's  fitting  knell ;  his  soul  went  forth  on  clouds  of  in 
cense  that  rose  from  altars  of  Christian  charity  :  and  the  mourn 
ful  anthems  which  recited  the  faith  and  the  virtue  and  the 
endurance  of  Ireland  were  his  becoming  requiem." 
*  See  Vol.  III.,  p.  44. 


THE   WYATT   AND   FREEMAN   CASES.  99 


CHAPTER   XV. 

THE  WYATT  AND  FREEMAN  CASES — MASSACRE  OF  THE  VAN 
NEST  FAMILY  —  WILLIAM  FREEMAN  —  WYATT'S  TRIAL  — 
TRIAL  OF  FREEMAN EXTRAORDINARY  PROCEEDINGS. 

IN  1845,  a  convict  of  the  stateprison  at  Auburn,  Henry 
Wyatt,  was  indicted  for  the  murder  of  a  fellow-convict.  His 
attempts  to  procure  able  counsel,  had  failed  for  want  of 
ability  to  make  the  usual  recompense."  On  the  day  but  one 
preceding  his  trial,  he  invoked  Governor  Seward's  interpo 
sition  for  his  defence.  His  appeal  was  promptly  accepted. 
During  the  trial,  many  striking  incidents  were  disclosed, 
which  showed  that  the  crime  was  committed  in  a  morbid 
sta,te  of  mind.  The  case  clearly  fell  within  a  class  which 
medical  writers  designate  under  the  general  name  of  moral 
insanity.  Governor  Seward  procured,  at  his  own  expense, 
the  scientific  witnesses  necessary  to  present  the  case  fairly 
to  the  jury.  He  followed  in  his  defence  with  an  argument 
of  great  power  and  pathos.  The  jury  divided  and  could 
not  agree  upon  a  verdict.  His  second  trial  at  the  next 
circuit  court,  was  eagerly  anticipated,  with  full  confidence 
that  he  would  be  acquitted.  This  event,  however,  was 
destined  to  become  the  occasion  of  difficulties  such  as  few 
advocates  have  been  called  to  encounter.  After  the  close 
of  the  first  trial,  Governor  Seward  left  Auburn  on  a  pro 
fessional  tour  to  Washington  and  the  southern  states. 

While  the  case  of  Wyatt  was  yet  the  topic  of  discussion 
in  Auburn  and  its  vicinity,  a  singularly  revolting  occurrence 
took  place,  which  served  to  increase  the  agitation  of  the 
public  mind.  This  was  the  massacre  of  nearly  a  whole 
family  by  William  Freeman,  a  negro  of  twenty-three  years 


100  MASSACRE   OP   THE   VAN   NEST   FAMILY. 

of  age,  who  had  been  six  months  before  discharged  from 
the  Auburn  stateprison,  after  an  imprisonment  of  five  years. 
The  bloody  scene  occurred  at  the  residence  of  John  G.  Van 
Nest,  a  wealthy  and  highly  respectable  farmer,  and  a  friend 
and  former  client  of  Governor  Seward's,  whose  house  stood 
in  a  secluded  grove,  near  the  suburbs  of  Auburn,  on  the 
shores  of  the  Owasco  lake.  Having  armed  himself  with 
carefully-prepared  weapons,  Freeman  entered  the  dwelling 
at  ten  o'clock  at  night,  and  slew  Mr.  Yan  Nest,  his  wife, 
then  pregnant,  a  child  sleeping  in  its  bed,  and  the  mother- 
in-law  of  Van  Nest,  Mrs.  Wyckoff,  an  aged  woman  of  sev 
enty.  The  hired  man,  who  came  to  the  defence  of  the  fam 
ily,  was  severely  injured  and  left  for  dead.  The  murderer, 
being  disabled  by  a  wound  from  old  Mrs.  Wyckoff,  desisted 
from  further  violence,  and  made  his  escape.  Taking  a 
horse  from  the  stable,  he  rode  him  a  few  miles,  when  he 
stabbed  the  animal,  which  had  become  incapable  of  travel 
ling.  He  then  stole  another  horse,  which  proved  to  be 
more  fleet,  and  pursuing  his  flight,  rode  to  the  house  of  a 
relative  about  thirty  miles  from  Auburn.  There  he  offered 
the  horse  for  sale,  and  proposed  to  take  up  his  residence, 
until  he  should  recover  from  his  wound.  He  was  traced 
and  arrested,  in  a  few  hours,  and  brought  back  to  the  scene 
of  butchery,  and  into  the  presence  of  the  surviving  witnesses. 
On  being  questioned,  he  at  once  confessed  the  crime,  not 
only  without  apparent  remorse  or  horror,  but  with  frequent 
and  irrepressible  fits  of  laughter.  The  public  indignation 
was  so  excited  at  this  awful  tragedy,  that  it  required  all 
the  dexterity  of  the  police  to  keep  Freeman  from  being  torn 
to  pieces  on  the  spot.  He  was  at  length  committed  to  the 
jail,  by  a  successful  stratagem,  but  the  crowd  could  with 
difficulty  be  prevented  from  forcing  the  doors.  They  were 
appeased  only  by  the  assurance  of  one  of  the  judges  of  the 
county,  that  Freeman  should  be  tried  and  executed,  and 
that  there  should  be  no  plea  of  insanity  and  "  no  Governor 
Seward  to  defend  him." 


WYATT  AND  FREEMAN  ^.  BSCITEXENT.  101- 

None  of  the  usual  motives  appearing  on  the  part  of  Free 
man  for  the  commission  of  such  a  desperate  act,  it  was  ru 
mored  that  he  had  been  present  during  Wyatt's  trial,  and 
had  learned  from  the  argument  of  Governor  Seward  that 
responsibilities  for  crime  might  be  avoided  on  the  ground  of 
insanity.  This  became  the  popular  explanation  of  the  hor 
rible  catastrophe.  The  public  feeling  ran  high  against 
Governor  Seward.  Even  threats  of  personal  violence 
were  openly  made.  The  excitement  became  so  intense, 
that  when  he  returned  from  the  south,  his  family  and  friends 
were  surprised  that  on  reaching  the  depot  at  Auburn,  he 
was  permitted  to  pass  to  his  residence  without  outrage. 

In  this  state  of  affairs,  the  governor,  Silas  Wright,  was 
induced  to  issue  an  order  for  a  special  term  of  the  court  of 
over  and  terminer,  to  be  held  at  an  early  day,  by  Judge 
Whiting,  to  dispose  of  the  cases  both  of  Wyatt  and  Free 
man.  During  the  interval,  public  tranquillity  was  restored 
by  the  assurance  of  Governor  Seward's  law-partners,  while 
he  was  absent,  that  he  would  not  engage  in  the  defence,  it 
being  well  understood  that  no  other  advocate  would  con 
sent  to  give  his  services  to  so  odious  a  cause. 

Governor  Seward  was  unmoved  by  the  tempest  of  excite 
ment  around  him.  With  characteristic  courage  and  calm 
ness,  he  proceeded  to  examine  the  subject,  as  a  philanthro 
pist  and  lawyer.  He  felt  as  keenly  as  any  one,  the  enor 
mity  of  the  deed.  But  impelled  by  a  strong  sense  of  duty, 
he  was  determined  to  look  thoroughly  into  the  case  of  the 
wretched  negro.  At  his  solicitation,  accordingly,  three  in 
telligent  and  humane  citizens  of  Auburn  made  several  visits 
to  Freeman  in  jail.  They  reduced  their  conversations  with 
him  to  writing,  and  submitted  them  to  Governor  Seward's 
inspection.  The  result  of  the  investigation,  together  with 
other  facts  which  had  become  known  to  him,  convinced  him 
that  whatever  was  the  condition  of  Freeman's  mind  prior 
to  the  homicide,  he  was  then  sunk  into  a  state  of  dementia, 
approaching  idiocy. 


102-  ;      |   -TRIAL'  OF  WYATT. 

The  court  began  with  the  trial  t)f  Wyatt.  Governor 
Seward,  aware  of  the  intense  and  aggravated  excitement 
which  prevailed,  applied  for  a  postponement  of  the  case, 
but  without  effect.  A  week  was  consumed  without  finding 
a  single  impartial  juror.  The  attorney-general,  John  Van 
Burcn,  was  sent  for,  with  haste.  On  his  arrival,  the  court 
reversed  the  principles  by  which  the  trial  of  jurors  had 
ever  been  conducted,  as  laid  down  by  Chief-Justice  Mar 
shall,  and  adopted  a  standard  that  permitted  jurors  to  be 
sworn  although  they  confessed  to  a  bias,  or  an  opinion 
formed  of  the  prisoner's  guilt.  The  obtaining  of  a  juror, 
even  under  this  unprecedented  decision,  was  regarded  as  a 
triumph,  in  a  controversy  in  which  not  only  the  people  of 
Auburn  and  its  vicinity,  but  of  the  whole  state  took  sides 
for  or  against  Governor  Seward. 

A  trial  conducted  under  such  circumstances,  could  have 
but  one  result.  At  the  expiration  of  a  month,  Wyatt  wTas 
convicted  and  sentenced  to  be  executed.  Moral  insanity 
was  thus,  so  far  as  the  verdict  of  a  jury  could  go,  judicially 
abolished.  Governor  Seward  devoted  four  weeks  of  unin 
terrupted  labor  to  this  case,  without  the  slightest  pecuniary 
compensation,  and  at  an  outlay  of  no  small  sum  from  his 
own  pocket.* 

The  Freeman  case  still  remained  to  be  disposed  of.  It 
came  on  immediately  after  the  conclusion  of  Wyatt's  trial. 
An  immense  assemblage  had  convened  in  the  courthouse 
at  Auburn,  to  witness  the  opening  of  the  case.  Until  that 
moment,  it  was  not  known  whether  Freeman  would  have 
any  counsel.  It  was  supposed  the  court  would  assign  him 

*  Wyatt,  after  receiving  his  sentence,  anxious  to  afford  Governor  Seward 
some  compensation,  offered  to  narrate  his  "life"  for  publication,  the  profits 
of  which  should  go  to  Governor  S.,  and  it  was  taken  down  for  that  purpose. 
But  on  examination  it  was  found  to  be  of  doubtful  moral  bearing  and  influ 
ence,  and  on  that  account,  Governor  Seward  refused  to  permit  its  publica 
tion,  or  participate  in  any  profits  arising  therefrom.  A  spurious  copy,  how 
ever,  was  afterward  surreptitiously  obtained,  and  brought  out  in  a  pamphlet* 
which  yielded  a  net  profit  of  six  hundred  dollars  to  the  publisher. 


TRIAL   OF  FREEMAN.  103 

some  junior  member  of  the  bar;  but  it  was  considered 
doubtful  if  one  could  be  found  of  sufficient  nerve  to  accept 
the  appointment,  and  attempt  even  a  formal  and  weak  de 
fence.  The  excited  multitude  were  not  backward  in  loudly 
propounding  the  inquiry,  "  Who  will  now  dare  come  for 
ward  to  the  defence  of  this  negro  ?"  —  "  Let  us  see  the  man 
who  will  attempt  to  raise  his  voice  in  his  behalf !"  Nor 
did  they  hesitate  in  uttering  threats  of  vengeance  against 
any  member  of  the  bar  who  would  plead  the  case  of  so  vile 
a  wretch.  But  there  was  one  seated  within  the  bar  in  that 
crowded  court-room,  who  heeded  not  these  menaces.  A 
being  in  human  form  was  in  distress  and  peril  before  him. 
He  asked  himself,  "  What  does  humanity  and  duty  require  at 
my  hands,  in  this  case  ?"  And  having  received  from  con 
science  a  prompt  and  decisive  reply,  he  unhesitatingly  pro 
ceeded  to  the  labor  thus  enjoined  upon  him,  without  delay 
ing  to  consult  interest,  or  popular  favor,  or  any  of  the 
consequences  that  might  ensue.  In  vain  family,  personal 
and  political  friends,  influential  citizens,  and  members  of 
the  bar,  besought  him  not  to  interfere,  and  call  down  upon 
himself  the  indignation  of  the  populace.  In  vain  was  he 
reminded  of  the  long,  weary,  and  expensive  trial  to  which 
he  had  just  devoted  himself,  to  the  neglect  of  professional 
engagements,  and  the  peril  of  health — in  vain  was  he  fore 
warned  of  the  still  more  tedious,  costly,  and  exhausting 
nature  of  the  present  case,  should  he  engage  in  it.  A  high 
er  law  and  a  louder  voice  cal^d  him  to  the  defence  of  the 
demented,  forsaken  wretch,  who  stood  insensible  of  the 
vengeful  gaze  of  a  thousand  eyes,  and  lie  felt  that  he  had 
no  alternative. 

Freeman  was  arraigned  on  four  indictments  for  murder. 
When  asked  whether  he  pleaded  guilty  to  the  first  indict 
ment,  he  replied,  "  Yes !"  "  No !"  "  I  don't  know  !"  — 
"  Have  you  counsel  ?"  was  the  next  inquiry.  "  I  don't 
know,"  responded  the  prisoner,  with  a  stupidity  which  as 
tonished  even  those  who  were  most  eager  for  his  death. 


104  COUNSEL  FOR  FREEMAN. 

"  Will  any  one  defend  this  man  ?"  inquired  the  court.  A 
death-like  stillness  pervaded  the  crowded  room.  Pale  with 
emotion,  yet  firm  and  unflinching  as  steel,  Governor  So  ward, 
to  the  amazement  of  every  person  present,  arose  and  said, 
"  May  it  please  the  court,  I  appear  as  counsel  for  the  pris 
oner  !"  It  would  be  impossible  to  describe  the  excitement 
which  followed  this  announcement,  or  the  threatening  dem 
onstrations  which  it  called  forth.  David  Wright,  Esq.,  of 
Auburn,  a  well-known  lawyer  and  philanthropist,  volun 
teered  as  associate  counsel  in  defence  of  Freeman.  Tho 
attorney-general,  John  Van  Buren,  conducted  the  prosecu 
tion. 

Governor  Seward  presented  to  the  court  in  bar  of  a  trial, 
that  the  prisoner  was  then  insane.  Issue  was  taken  on  this 
plea,  and  a  trial  was  directed  by  the  court,  on  the  question 
of  Freeman's  insanity  at  that  time.  After  protracted  ef 
forts  similar  to  those  which  took  place  in  Wyatt's  case,  a 
jury  was  empanneled  to  try  this  preliminary  question,  but 
they  were  already  evidently  fixed  in  their  convictions  of 
the  sanity  and  guilt  of  the  prisoner. 

Governor  Seward's  political  party,  throughout  the  state, 
shrinking  from  the  unpopularity  in  which  he  had  involved 
himself,  in  a  proceeding  universally  denounced  by  the  press, 
abandoned  him.  While  these  proceedings  were  pending, 
the  delegates  to  the  convention  called  to  revise  the  consti 
tution  of  the  state  of  New  York,  assembled  at  Albany. 
The  whig  party  was  suppose/1  to  be  compromised  by  Gov 
ernor  Seward's  known  bias  in  favor  of  extending  the  right 
of  suffrage  to  the  colored  population.  The  result  of  the 
election  of  delegates  had  been  an  overwhelming  defeat  of 
the  whigs.  The  exclamation  was  universal,  that  whatever 
might  be  the  fate  of  the  whig  party  hereafter,  Governor 
Seward  was  effectually  lost. 

Still  he  did  not  falter,  but  sternly  persevered  in  what  he 
conscientiously  believed  to  be  the  line  of  his  duty,  and  was 
the  only  person  engaged  in  these  transactions,  except  his 


THE   FREEMAN   CASE.  105 

client,  who  was  calm  and  unmoved.  The  trial  on  the  ques 
tion  of  the  prisoner's  sanity,  continued  two  weeks,  and  was 
contested  by  Governor  Seward  with  an  energy,  persever 
ance,  and  skill,  that  drew  plaudits  from  his  most  violent 
opposers,  and  that  could  not  have  been  exceeded  had  mil 
lions  of  dollars  depended  on  the  issue.  His  argument  at 
the  summing  up,  for  eloquence,  pathos,  sound  legal  views, 
and  thorough  knowledge  of  human  character,  has  rarely 
been  excelled  at  the  American  bar.  At  length,  when  the 
jury  retired,  it  was  at  once  found  that  eleven  were  agreed 
that  the  prisoner  was  sane.  The  twelfth  declared  his  un 
changeable  opinion  that  Freeman,  although  sane  enough  to 
know  right  from  wrong,  was  yet  so  unsound  in  mind  as  not 
to  be  responsible  for  his  actions.  The  disagreement  and 
discussion  in  the  jury-room  being  privately  communicated 
to  the  court,  information  was  returned  to  the  jurors  that 
the  verdict  would  be  accepted,  although  it  gave  no  direct 
response  to  the  question  at  issue,  and  was  couched  in  equiv 
ocal  language.  They  accordingly  brought  in  the  following 
verdict — "  We  find  the  prisoner  at  the  bar  sufficiently  sane 
to  distinguish  between  right  and  wrong."  In  an  earnest 
and  elaborate  argument,  Governor  Seward  protested  against 
the  reception  of  this  verdict,  as  it  was  illegal,  pointless, 
and  irrelevant.  But  it  was  pronounced  by  the  court  to  be 
sound  and  satisfactory,  and  Freeman  was  forthwith  put  upon 
his  trial  for  the  murders  charged  against  him. 

He  was  directed  to  stand  up  and  plead  to  the  indictment. 
But  it  was  evident  to  every  spectator  that  the  wretched 
imbecile  had  not  the  faintest  conception  of  the  nature  of  an 
indictment,  or  of  the  object  of  the  scenes  around  him,  in 
which  he  unconsciously  bore  so  conspicuous  a  part. 

We  shall  be  pardoned  for  introducing  here  the  following 
extract  from  a  vivid  description  of  the  scene  which  tran 
spired  at  the  reading  of  the  indictment,  by  a  clergyman  of 
Auburn,  who  attended  the  trial,  and  was  an  eye-witness  of 
the  proceedings  : —  - 

f»* 


106  TRIAL  OF  FREEMAN. 

"The  district-attorney  (Luman  Sherwood,  Esq.),  with  the  bill  of  indictment 
in  his  hand,  called  out — 'William  Freeman,  stand  up.'  He  then  ap 
proached  quite  near  the  negro,  for  he  was  very  deaf,  and  read  the  indict 
ment.  At  the  conclusion,  the  following  dialogue  ensued:  — 

"Dist.  Aft. — Do  you  plead  guilty,  or  not  guilty,  to  these  indictments? 

"Freeman. — Ha? 

"D.  A. —  (Repeating  the  question.) 

"F. —  I  don't  know. 

"D.  A. —  Are  you  able  to  employ  counsel? 

"F.—  No. 

" D.  A. —  Are  you  ready  for  trial? 

"F. —  I  don't  know. 

"  D.  A. —  Have  you  any  counsel? 

"  F. —  I  don't  know. 

"Z>.  A. — Who  are  your  counsel? 

"F. —  I  don't  know. 

"At  this  stage  of  the  proceedings,  Governor  Seward  could  no  longer  re 
strain  himself.  Pie  buried  his  face  in  his  hands,  and  burst  into  tears  —  and 
seizing  his  hat,  he  rushed  from  the  court-room,  perfectly  overwhelmed  with 
his  feelings.  And  who  that  had  but  a  common  share  of  sympathy,  could 
fail  to  be  most  sensibly  moved  at  witnessing  such  a  procedure  on  a  subject 
so  awful,  allowed  before  one  of  the  highest  tribunals  of  the  land.  An  in 
strument  read  to  this  idiotic  creature,  pregnant  with  his  death,  requiring 
him  to  respond  to  the  same,  when  the  wretched  being  had  not  the  first 
glimpse  of  what  it  all  meant>  or  what  effect  it  would  have  upon  him.  D. 
Wright,  Esq.,  who  had  assisted  Governor  Seward  on  the  preliminary  trial, 
arose  after  the  reading  of  the  indictment,  and  declared  he  could  not  consent 
longer  to  take  part  in  a  cause  which  had  so  much  the  appearance  of  a  ter 
rible  farce.  But  Governor  Seward  (who  had  returned  to  the  room),  imme 
diately  sprang  to  his  feet  and  exclaimed — 'May  it  please  the  court — 1 
shall  remain  counsel  for  the  prisoner  until  his  death!'  At  the  solicitation 
of  the  court,  Mr.  Wright  finally  consented  again  to  take  part  in  the  cause, 
and  assist  Governor  Seward." 

As  the  commission  of  the  acts  charged  was  not  denied 
by  the  prisoner's  counsel,  the  only  question  at  issue  was  his 
sanity  at  the  time  of  the  homicide.  Governor  Seward  la 
bored  with  unwearied  assiduity  to  establish  the  insanity  or 
dementia  of  Freeman,  of  which  he  was  himself  satisfied  be 
yond  a  possible  doubt.  At  great  expense,  defrayed  by 
himself,  he  summoned  into  court  the  most  eminent  medical 
professors  and  practitioners  from  various  and  extreme 
parts  of  the  state,  whose  intelligent  and  unbiased  testimony 
fully  sustained  the  ground  on  which  he  urged  the  defence. 


THE   ARGUMENT  —  EXTRACT.  107 

We  can  make  room  here  for  only  a  few  passages  of  Gov 
ernor  Seward's  thrilling  argument  in  this  case  :  — 

"MAY    IT    PLEASE    THE    COURT  —  Gentlemen  of   the  jury : 

•  THOU  SHALT  NOT  KILL,'  and  *  WHOSO  SHEDDETH  MAN'S  BLOOD, 

BY  MAN  SHALL  HIS  BLOOD  BE  SHED,'  are  laws  found  in  the  code 
of  that  people  who,  although  distracted  and  dispersed  through 
all  lands,  trace  their  history  to  the  creation ;  a  history  that 
records  that  murder  was  the  first  of  human  crimes. 

"  The  first  of  these  precepts  constitutes  a  tenth  part  of  the 
jurisprudence  which  God  saw  fit  to  establish,  at  an  early  period, 
for  the  government  of  all  mankind,  throughout  all  generations. 
The  latter,  of  less  universal  obligation,  is  still  retained  in  our 
system,  although  other  states,  as  intelligent  and  refined,  as  secure 
and  peaceful,  have  substituted  for  it  the  more  benign  principle 
that  good  shall  be  returned  for  evil.  I  yield  implicit  submission 
to  this  law,  and  acknowledge  the  justness  of  its  penalty,  and  the 
duty  of  courts  and  juries  to  give  it  effect. 

"  In  this  case,  if  the  prisoner  be  guilty  of  murder,  I  do  not  ask 
remission  of  punishment.  If  he  be  guilty,  never  was  murderer 
more  guilty.  He  has  murdered  not  only  John  G.  Van  Nest, 
but  his  hands  are  reeking  with  the  blood  of  other,  and  numerous, 
and  even  more  pitiable  victims.  The  slaying  of  Van  Nest,  if  a 
crime  at  all,  was  the  cowardly  crime  of  assassination.  John  G. 
Van  Nest  was  a  just,  upright,  virtuous  man,  of  middle  age,  of 
grave  and  modest  demeanor,  distinguished  by  especial  marks  of 
the  respect  and  esteem  of  his  fellow-citizens.  On  his  arm  leaned 
a  confiding  wife,  and  they  supported,  on  the  one  side,  children 
to  whom  they  had  given  being,  and,  on  the  other,  aged  and  ven 
erable  parents,  from  whom  they  had  derived  existence.  The 
assassination  of  such  a  man  was  an  atrocious  crime,  but  the  mur 
derer,  with  more  than  savage  refinement,  immolated  on  the  same 
altar,  in  the  same  hour,  a  venerable  and  virtuous  matron  of  more 
than  threescore  years,  and  her  daughter,  the  wife  of  Van  Nest, 
mother  of  an  unborn  infant.  Nor  was  this  all.  Providence, 
which,  for  its  own  mysterious  purposes,  permitted  these  dreadful 
crimes,  in  mercy  suffered  the  same  arm  to  be  raised  against  the 
sleeping  orphan  child  of  the  butchered  parents,  and  received  it 
into  heaven.  A  whole  family,  just,  gentle,  and  pure,  were  thus, 


108  THE   ARGUMENT  —  EXTRACT. 

in  their  own  house,  in  the  night-time  —  without  any  provocation, 
without  one  moment's  warning-  —  sent  by  the  murderer  to  join 
the  assembly  of  the  just ;  and  even  the  laboring  man,  sojourning 
within  their  gates,  received  the  fatal  blade  into  his  breast,  and 
survives  through  the  mercy,  not  of  the  murderer,  but  of  God. 

"  For  William  Freeman,  as  a  murderer,  I  have  no  commission 
to  speak.  If  he  had  silver  and  gold  accumulated  with  the  fru 
gality  of  Crcesus,  and  should  pour  it  all  at  my  feet,  I  would  not 
stand  an  hour  between  him  and  the  avenger.  But,  for  the  inno 
cent,  it  is  my  right,  my  duty  to  speak.  If  this  sea  of  blood  was 
innocently  shed,  then  it  is  my  duty  to  stand  beside  him  until  his 
steps  lose  their  hold  upon  the  scaffold. 

"'  Thou  slialt  not  kill' is  a  commandment  addressed,  not  to 
him  alone,  but  to  me,  to  you,  to  the  court,  and  to  the  whole 
community.  There  are  no  exceptions  from  that  commandment, 
at  least  in  civil  life,  save  those  of  self-defence,  and  capital  pun 
ishment  for  crimes  in  the  due  and  just  administration  of  the  law. 
There  is  not  only  a  question,  then,  whether  the  prisoner  has 
shed  the  blood  of  his  fellow-man,  but  the  question  whether  we 
shall  unlawfully  shed  his  blood.  I  should  be  guilty  of  murder 
if,  in  my  present  relation,  I  saw  the  executioner  waiting  for  an 
insane  man,  and  failed  to  say,  or  failed  to  do  in  his  behalf,  all 
that  my  ability  allowed.  I  think  it  has  been  proved  of  the 
prisoner  at  the  bar,  that,  during  all  this  long  and  tedious  trial, 
he  has  had  no  sleepless  nights,  and  that  even  in  the  daytime, 
when  he  retires  from  these  halls  to  his  lonely  cell,  he  sinks  to 
rest  like  a  wearied  child,  on  the  stone  floor,  and  quietly  slum 
bers  till  roused  by  the  constable  with  his  staff  to  appear  again 
before  the  jury.  His  counsel  enjoy  no  such  repose.  Their 
thoughts  by  day  and  their  dreams  by  night  are  filled  with  op 
pressive  apprehension  that,  through  their  inability  or  neglect,  he 
may  be  condemned. 

"  I  am  arraigned  before  you  for  undue  manifestations  of  zeal 
and  excitement.  My  answer  to  all  such  charges  shall  be  brief. 
When  this  cause  shall  have  been  committed  to  you,  I  shall  be 
happy  indeed  if  it  shall  appear  that  my  only  error  has  been, 
that  I  have  felt  too  much,  thought  too  intensely,  or  acted  too 
faithfully. 

"  If  error  on  my  part  would  thus  be  criminal,  how  great  would 


THE   ARGUMENT  —  EXTRACT.  109 

yonrs  be  if  you  should  render  an  unjust  verdict !  Only  four 
months  have  elapsed  since  an  outraged  people,  distrustful  of 
judicial  redress,  doomed  the  prisoner  to  immediate  death.  Some 
of  you  have  confessed,  before  you  came  here,  that  you  approved 
that  lawless  sentence.  All  men  now  rejoice  that  the  prisoner 
was  saved  for  this  solemn  trial.  But  if  this  trial,  through  any 
wilful  fault  or  prejudice  of  yours,  should  prove  only  a  mockery 
of  justice,  it  would  be  as  criminal  as  that  precipitate  sentence. 
If  any  prejudice  of  witnesses,  or  the  imagination  of  counsel,  or 
'any  ill-timed  jest,  shall  at  any  time  have  diverted  your  attention, 
or  if  any  prejudgment  which  you  may  have  brought  into  the 
jury-box,  or  any  cowardly  fear  of  popular  opinion  shall  have 
operated  to  cause  you  to  deny  to  the  prisoner  that  dispassionate 
consideration  of  his  case  which  the  laws  of  God  and  man  exact 
of  you,  and  if,  owing  to  such  an  error,  this  wretched  man  shall 
fall  from  among  the  living,  what  will  be  your  crime  ?  You  will 
have  violated  the  commandment,  '  Thou  shalt  not  kill.'  It  is 
not  the  form  or  letter  of  the  trial  by  jury  that  authorizes  you  to 
send  your  fellow-man  to  his  dread  account,  but  it  is  the  spirit 
that  sanctifies  that  great  institution  :  and  if,  through  pride,  pas 
sion,  timidity,  weakness,  or  any  cause,  you  deny  the  prisoner 
one  iota  of  all  the  defence  to  which  he  is  entitled  by  the  law 
of  the  land,  you  yourselves,  whatever  his  guilt  may  be,  will 
have  broken  the  commandment,  '  Thou  shalt  do  no  murder.' 

"  There  is  not  a  corrupt  or  prejudiced  witness,  there  is  not  a 
thoughtless  or  heedless  witness,  who  has  testified  what  was 
not  true  in  spirit,  or  what  was  not  wholly  true,  or  who  has 
suppressed  any  truth,  who  has  not  offended  against  the  same 
injunction. 

"  Nor  is  the  court  itself  above  that  commandment.  If  these, 
judges  have  been  influenced  by  the  excitement  which  has 
brought  this  vast  assemblage  here,  and  under  such  influence,  or 
under  any  other  influence,  have  committed  voluntary  error,  and 
have  denied  to  the  prisoner,  or  shall  hereafter  deny  to  him,  the 
benefit  of  any  fact  or  any  principle  of  law,  then  this  court  will 
have  to  answer  for  the  deep  transgression  at  that  bar  at  which 
we  all  shall  meet  again.  When  we  shall  appear  there,  none  of 
us  can  plead  that  we  were  insane  and  knew  not  what  we  did ; 
and  by  just  so  much  as  our  ability  and  knowledge  exceed  those 


110  THE  ARGUMENT  —  EXTRACT. 

of  this  wretch,  whom  the  world  regards  as  a  fiend  in  human 
shape,  will  our  guilt  exceed  his,  if  we  be  guilty. 

"  I  plead  not  for  a  murderer.  I  have  no  inducement,  no 
motive  to  do  so.  I  have  addressed  my  fellow-citizens  in  many 
various  relations,  when  rewards  of  wealth  and  fame  awaited  me. 
I  have  been  cheered  on  other  occasions  by  manifestations  of 
popular  approbation  and  sympathy ;  and  where  there  was  no 
such  encouragement,  I  have  had  at  least  the  gratitude  of  him 
whose  cause  I  defended.  But  1  speak  now  in  the  hearing  of  a 
people  who  have  prejudged  the  prisoner,  and  condemned  me  for 
pleading  in  his  behalf.  He  is  a  convict — a  pauper — a  negro, 
without  intellect,  sense,  or  emotion.  My  child,  with  an  affec 
tionate  smile,  disarms  my  care-worn  face  of  its  frown  whenever 
I  cross  my  threshold.  The  beggar  in  the  street  obliges  me  to 
give,  because  he  says,  '  God  bless  you,'  as  I  pass.  My  dog 
caresses  me  with  fondness  if  I  will  but  smile  on  him.  My  horse 
recognises  me  when  I  fill  his  manger.  But  what  reward,  what 
gratitude,  what  sympathy  and  affection  can  I  expect  here? 
There  the  prisoner  sits.  Look  at  him.  Look  at  the  assemblage 
around  you.  Listen  to  their  ill-suppressed  censures  and  their 
excited  fears,  and  tell  me  where,  among  my  neighbors  or  my 
fellow-men  —  where,  even  in  his  heart  —  I  can  expect  to  find 
the  sentiment,  the  thought,  not  to  say  of  reward  or  of  acknowl 
edgment,  but  even  of  recognition 

"  I  speak  with  all  sincerity  and  earnestness ;  not  because  I 
expect  my  opinion  to  have  weight,  but  I  would  disarm  the  inju 
rious  impression  that  I  am  speaking,  merely  as  a  lawyer  speaks 
for  his  client.  I  am  not  the  prisoner's  lawyer.  I  am  indeed  a 
volunteer  in  his  behalf;  but  society  and  mankind  have  the  deep- 
,  est  interests  at  stake.  1  am  the  lawyer  for  society,  for  mankind, 
shocked,  beyond  the  power  of  expression,  at  the  scene  I  have 
witnessed  here  of  trying  a  maniac  as  a  malefactor.  In  this, 
almost  the  first  of  such  causes  I  have  ever  seen,  the  last  I  hope 
that  I  shall  ever  see,  I  wish  that  I  could  perform  my  duty  with 
more  effect.  If  I  suffered  myself  to  look  at  the  volumes  of 
testimony  through  which  I  have  to  pass,  to  remember  my  en 
tire  want  of  preparation,  the  pressure  of  time,  and  my  wasted 
strength  and  energies,  I  should  despair  of  acquitting  myself  as 
you  and  all  good  men  will  hereafter  desire  that  I  should  have 


THE  SENTENCE   OF   FREEMAN.  Ill 

performed  so  sacred  a  duty.  But,  in  the  cause  of  humanity,  we 
are  encouraged  to  hope  for  Divine  assistance  where  human  pow 
ers  are  weak.  As  you  all  know,  I  provided  for  my  way  through 
these  trials,  neither  gold  nor  silver  in  my  purse,  nor  scrip ;  and 
when  I  could  not  think  beforehand  what  I  should  say,  I  remem 
bered  that  it  was  said  to  those  who  had  a  beneficent  commis 
sion,  that  they  should  take  no  thought  what  they  should  say 
when  brought  before  the  magistrate,  for  in  that  same  hour  it 
should  be  given  them  what  they  should  say,  and  it  should  not 
be  they  who  should  speak,  but  the  spirit  of  their  Father  speak 
ing  in  them." 

After  a  laborious  and  exhausting  trial  of  two  weeks' 
duration,  aided  by  the  abhorrent  nature  of  the  crime, 
the  overwhelming  popular  clamor,  and  various  decisions  of 
the  court,  subversive  in  many  instances,  of  established  rules 
in  capital  trials,  the  attorney-general  succeeded  in  procur 
ing  from  the  jury  a  verdict  of  guilty. 

Governor  Seward's  efforts  in  behalf  of  the  prisoner  were 
thus  defeated.  But  he  had  faithfully  discharged  his  duty, 
and  the  responsibility  of  holding  an  insane  or  idiotic  person 
responsible  for  his  deeds,  rested  not  with  him.  Freeman 
was  adjudged  and  condemned  as  a  sane  man.  Governor 
Seward  had  no  more  to  offer  in  that  place,  and  the  court 
was  suffered  to  proceed  in  passing  sentence  upon  the 
prisoner. 

As  in  reading  the  indictment,  so  in  the  passing  of  the 
sentence,  a  scene  occurred  unparalleled,  we  venture  to 
affirm,  in  any  court  of  justice.  Instead  of  standing  in  the 
dock  as  is  customary,  the  judge  directed  the  prisoner  to  be 
brought  to  his  side  upon  the  bench.  The  judge  then  said 
to  him :  — 

' '  The  jury  say  you  are  guilty.     Do  you  hear  me  ?' 
"'Yes,'  replied  Freeman. 

" '  The  jury,'  repeated  the  judge,  '  say  you  are  guilty.  Do  you  under 
stand?' 

"  'No,'  said  the  ne^ro. 

" '  Do  you  know  which  the  jury  are  ?'  inquired  the  court 


112  THE   DEATH   OP   FREEMAN. 

"'No!'  answered  the  prisoner. 

"  'Well!  they  are  those  gentlemen  down  there,' continued  Judge  Whiting, 
pointing  to  the  jurors  in  their  seats — 'and  they  say  you  are  guilty.  Do 
you  understand?' 

"'No!' 

"  'They  say  you  killed  Van  Nest     Do  you  understand  that?' 

"'Yes!' 

'"Did  you  kill  Van  Nest?' 

"'Yes!' 

" '  I  am  going  to  pronounce  sentence  upon  you.    Do  you  understand  that?' 

"'No.' 

"  'I  am  going  to  sentence  you  to  be  hanged.     Do  you  understand  that?' 

"'No.'" 

The  prisoner  was  then  led  back  to  the  dock,  and  the 
judge  proceeded  to  pronounce  sentence  of  death  upon  him. 
Tli is  he  did  in  the  form  of  an  address  read  to  the  audience  ; 
thus  tacitly  admitting,  what  was  evident  to  every  person  in 
the  immense  multitude  present,  that  Freeman  knew  not  a 
word  he  uttered,  or  the  strange  scene  thus  transpiring. 
He  was  conveyed  to  his  cell  as  unconscious  of  the  sentence 
that  had  been  pronounced  upon  him,  as  an  unborn  child. 

A  bill  of  exceptions  was  prepared  by  Governor  Seward, 
but  the  judge  refused  a  stay  of  proceedings.  It  was,  how 
ever,  subsequently  granted  by  a  judge  of  an  appellate  court, 
and  in  October  following,  on  a  full  review  of  the  whole  case, 
a  new  trial  was  granted.  But  Freeman,  who  had  proved 
himself  a  monomaniac  in  the  committal  of  the  homicide, 
now  sunk  so  low  in  dementia,  that  Judge  Whiting,  before 
whom  he  was  tried  and  convicted,  pronounced  him  incom 
petent  for  another  trial,  and  refused  to  proceed  with  the 
case.  A  few  weeks  later,  the  wretched  and  imbrutcd  Wil 
liam  Freeman  passed  from  earth  to  the  presence  of  a  more 
wise  and  merciful  Judge. 

A  post-mortem  examination  was  made,  by  the  most  emi 
nent  physicians  in  the  state,  which  showed  that  Freeman's 
brain  was  diseased  and  destroyed.  The  publication  of 
Governor  Seward's  second  argument*  in  this  remarkable 

*  See  Vol.  I.,  p.  409  to  475. 


REVIEW   OF   THE   CASE.  113 

case,  an  effort  of  the  highest  and  most  attractive  character, 
unsurpassed  in  eloquence,  logic,  and  legal  ability,  had 
already  wrought  a  reaction  in  public  opinion,  which  was 
rendered  complete  and  universal  by  this  post-mortem  exam 
ination.  Now,  there  is  no  one  act  of  Governor  Seward's 
life,  for  which  society  is  more  grateful  to  him  than  that  of 
having  saved  the  community  from  the  crime  of  the  judicial 
murder  of  Freeman — an  ignorant  colored  boy  wh(3  had 
been  confined  in  the  stateprison  for  an  offence  of  which  he 
was  innocent,  and  driven  to  lunacy  by  a  sense  of  the  injus 
tice  of  his  punishment,  and  by  inhumanity  in  the  exercise 
of  penitentiary  discipline. 

Before  leaving  this  case,  it  is  due  to  Governor  Seward 
to  insert  another  extract  from  an  article  by  the  clergyman 
in  Auburn,  to  whom-  allusion  has  already  been  made,  writ 
ten  immediately  after  the  conclusion  of  the  trial,  and  pub 
lished  in  the  journals  of  the  day.  It  describes  the  impres 
sion  made  at  the  time  by  the  high-minded  and  humane  course 
of  Governor  Seward  on  a  class  of  individuals  who  did  not 
allow  retaliatory  emotions  to  cloud  their  judgment,  or  harden 
their  feelings,  against  the  forsaken  creature  who  committed 
the  dreadful  homicide.  The  sentiments  it  utters  in  regard 
to  the  part  taken  by  Governor  Seward  in  this  remarkable 
case,  we  are  confident  will  find  a  response  in  every  unpre 
judiced  and  humane  heart :  — 

"The  conduct  of  Governor  Seward  in  this  painful  affair  reflects  the  high 
est  honor  upon  him.  Shocked,  horrified,  though  he  was  at  the  awful  tra 
gedy  which  had  been  enacted,  and  which  had  destroyed  a  family  with  whom 
he  was  on  terms  of  intimate  friendship,  yet  seeing  the  blood-stamed,  wretched 
negro  deserted  by  all,  even  those  of  his  own  caste  and  color,  and  becoming 
abundantly  satisfied  that  he  was  an  insane,  irresponsible  being,  he  nobly 
volunteered  in  his  defence.  Moved  alone  by  the  sympathies  of  his  generous 
soul,  and  a  high  sense  of  duty  to  the  weak  and  defenceless  —  in  opposition 
alike  to  the  entreaties  of  friends  ever  watchful  of  his  reputation  and  inter 
ests,  and  the  imprecations  of  an  incensed  multitude,  eager  that  the  blood  of 
a  demented  creature  should  be  shed  —  he  boldly  threw  himself  between  the 
victim  and  those  who  would  hurry  him  in  hot  haste  to  an  ignominious 
death!  Without  fee  or  compensation  of  any  description,  for  four  weeks  he 
toiled  through  the  sultry  hours  of  the  summer  day,  far  into  the  shades  of 


114  REVIEW   OF  THE   CASE. 

night  —  sparing  no  time,  no  strength,  no  ability  —  contesting  every  inch  of 
ground,  with  an  industry,  a  perseverance,  an  unyielding  faithfulness,  that 
wrung  commendation  even  from  those  most  exasperated  against  his  idiotic 
client.  And  all  this  for  whom?  For  a  NEGRO!  —  the  poorest  and  lowest  of 
his  degraded  caste  —  and  who,  though  seated  directly  by  his  side,  did  not 
know  that  he  was  his  counsel  —  was  not  even  aware  that  one  of  the  migh 
tiest  intellects  of  the  age,  one  of  the  noblest  spirits  of  the  world,  was  taxing 
his  utmost  energies  in  defence  of  his  lifel 

"In  his  eloquent  appeal  on  the  preliminary  trial  respecting  Freeman's 
insanity,  Governor  Seward  alluded  to  the  excitement  which  had  been  kin 
dled  against  him  for  the  faithfulness  with  which  he  defended  both  Wyatt 
and  Freeman,  in  the  following  thrilling  passage:  — 

"  'In  due  time,  gentlemen  of  the  jury,  when  I  shall  have  paid  the  debt 
of  nature,  my  remains  will  rest  here  in  your  midst,  with  those  of  my  kin 
dred  and  neighbors.  It  is  very  possible  they  may  be  unhonored — neglect 
ed — spurned  I  But  perhaps,  years  hence,  when  the  passion  and  excitement 
which  now  agitate  this  community  shall  have  passed  away  —  some  wander 
ing  stranger — some  lone  exile — some  Indian  —  some  negro  —  may  erect 
over  them  an  humble  stone,  and  thereon  this  epitaph :  "  HE  WAS  FAITHFUL  T ' 

"  What  spectacle  more  interesting  can  be  witnessed  on  earth  than  was 
presented  on  this  trial?  A  statesman  of  the  most  commanding  talents  — 
one  who  had  received  the  highest  honors  the  people  of  his  native  state 
could  bestow  upon  him  —  one  whose  well-known  abilities  call  around  him 
crowds  of  wealthy  clients,  able  to  reward  his  valuable  services  with  streams 
of  gold • — turning  from  all  these,  at  the  call  of  humanity,  and  going  down 
unrewarded,  yea  at  great  pecuniary  expense  to  himself,  to  the  defence  of 
this  forsaken,  pitiable  son  of  Africa!  Unrewarded,  did  I  say?  A  richer 
reward  than  silver  or  gold  is  his!  Wherever  the  tidings  of  this  strange 
trial  shall  be  wafted  throughout  this  civilized  world,  they  will  carry  the 
name  of  SEWARD  to  be  embalmed  as  a  sacred  treasure  in  the  hearts  of  all 
lovers  of  humanity  —  of  all  who  sympathize  with  the  degraded  and  enslaved 
Ethiopian  —  of  all  who  pity  those  whom  God  has  deprived  of  reason!" 

Aii  extract  from  Mr.  Scward's  argument  in  this  case,  con 
taining  an  enlightened  exposition  of  insanity,  will  be  found 
among  the  'Selections  in  this  volume. 


THE   CONSPIRACY  CASE  AT  DETROIT.  115 


CHAPTER   XYI. 

THE   TRIAL   OF  ABEL  F.   FITCH  AND   OTHERS  FOR  CONSPIRACY, 
AT   DETROIT,   IN    1851  —  MR.    SEWARD'S   DEFENCE. 

IN  May,  1851,  an  announcement  was  made  by  the  press 
of  Detroit,  that  an  atrocious  conspiracy  (embracing  fifty 
citizens  of  Jackson  county,  in  the  state  of  Michigan) ,  for 
the  destruction  of  the  property  of  the  Michigan  Central 
Railroad  Company,  and  an  indiscriminate  war  against  the 
lives  of  passengers  travelling  on  the  road,  had  been  discov 
ered,  through  the  activity  of  agents  of  that  company,  and 
of  the  police,  and  that  the  guilty  parties  had  been  suddenly 
surprised,  arrested,  and  conveyed  to  jail  in  Detroit. 

The  accusation  took  the  form  of  an  indictment  for  arson, 
in  burning  the  depot  of  that  company  in  Detroit,  and  the 
proof  that  of  a  conspiracy  for  the  commission  of  that  and 
other  great  crimes.  The  prisoners  alleged  their  entire  in 
nocence,  and  declared  that  the  prosecution  was  itself  a  con 
spiracy,  to  convict  them,  by  fabricated  testimony,  of  a  crime 
that  had  not  even  been  committed. 

The  accused  parties  denied  combination  with  each  other, 
and  even  all  knowledge  of  the  principal,  who  was  alleged 
to  have  committed  the  crime,  and  who,  as  they  supposed, 
had  been  fraudulently  induced  to  confess  it  and  charge  them 
as  accomplices.  In  applying  to  be  admitted  to  bail,  the 
sums  were  fixed  so  high  as  to  practically  deny  them  that 
privilege. 

Public  opinion  was  vehemently  and  intensely  excited 
against  them,  by  reason  of  aggressions  that  had  been  com 
mitted  in  their  neighborhood  for  a  long  time,  seriously  en 
dangering  the  lives  of  passengers.  Among  the  accused 


116 

were  persons  in  every  walk  of  life  ;  and,  while  the  guilt  of 
some  seemed  too  probable,  that  of  all  appeared  to  be  quite 
impossible.  The  ten  most  distinguished  lawyers  of  Michi 
gan  were  retained,  before  the  arrest,  by  the  railroad  com 
pany,  to  conduct  the  prosecution ;  and  it  was  said  that  ev 
ery  other  counsellor  in  the  city  and  state  qualified  to  defend 
them,  except  one,  had  been  induced  to  decline  to  appear  in 
their  behalf. 

They  applied  to  Mr.  Seward,  at  Auburn,  by  telegraph, 
after  the  trial  had  begun,  stating  these  facts.  He  did  not 
hesitate  to  appear  for  men  whom  the  public  had  prejudged 
and  condemned,  and  whom  the  legal  profession,  except  for 
his  going  to  their  aid,  would  have  been  deemed  to  have 
abandoned. 

The  issues  were  perplexed.  The  evidence  was  of  a  most 
extraordinary  character.  Even  now,  it  is  impossible,  on 
reading  it,  to  decide  which  was  most  improbable,  the  exist 
ence  of  the  crime,  or  the  truth  of  the  defence.  The  trial 
lasted  four  months,  and  so  was  the  longest,  in  a  jury-case, 
that  was  ever  held.  The  alleged  principal  died  before  the 
trial  began.  One  of  the  chief  defendants,  and  another  more 
obscure,  died  during  its  progress.  Twelve  of  the  fifty  de 
fendants  were  convicted,  and  all  the  others  acquitted.  All 
these  circumstances,  together  with  the  ability  and  learning 
displayed,  mark  the  case  as  one  of  the  great  state  trials  of 
this  country.  Mr.  Seward's  argument  was  published  at  the 
time.  It  reviewed,  collated,  and  condensed  the  testimony 
of  four  hundred  witnesses,  presenting  a  very  complicated 
series  of  transactions,  private  and  public. 

This  speech  fills  more  than  one  hundred  pages  in  the  re 
port  of  the  trial.     To  that  report  we  refer  the  reader, 
regretting  that  our  limits  allow  us  to  present  only  the  intro 
duction  and  the  close  of  so  elaborate  and  interesting  a 
speech :  — 

"MAY  IT  PLEASE  THE  COURT GENTLEMEN   OF  THE  JURY  : 

This  is  Detroit,  the  commercial  metropolis  of  Michigan.     It  is  a 


MR.  SEWARD'S  DEFENCE — EXTRACT.  117 

prosperous  and  beautiful  city,  and  is  worthy  of  your  pride.  I 
have  enjoyed  its  hospitalities  liberal  and  long.  May  it  stand, 
and  grow,  and  flourish,  for  ever  !  Seventy  miles  westward,  tow 
ard  the  centre  of  the  peninsula,  in  the  county  of  Jackson,  is 
Leoni,  a  rural  district,  containing  two  new  and  obscure  villages, 
Leoni  and  Michigan  Centre.  Here,  in  this  dock,  are  the  chief 
members  of  that  community.  Either  they  have  committed  a 
great  crime  against  this  capital,  or  there  is  here  a  conspiracy  of 
infamous  persons  seeking  to  effect  their  ruin,  by  the  machinery 
of  the  law.  A  state  that  allows  great  criminals  to  go  unpun 
ished,  or  great  conspiracies  to  prevail,  can  enjoy  neither  peace, 
security,  nor  respect.  This  trial  occurs  in  the  spring-time  of  the 
state.  It  involves  so  many  private  and  public  interests,  devel 
ops  transactions  so  singular,  and  is  attended  by  incidents  so  touch 
ing,  that  it  will  probably  be  regarded,  not  only  as  an  important 
judicial  event  in  the  history  of  Michigan,  but  also  as  entitled  to 
a  place  among  the  extraordinary  state  trials  of  our  country  and 
of  our  times. 

"  Forty  and  more  citizens  of  this  state  were  accused  of  a  felo 
ny,  and  demanded,  what  its  constitution  assured  them,  a  trial  by 
jury.  An  advocate  was  indispensable  in  such  a  trial.  They 
required  me  to  assume  that  office,  on  the  ground  of  necessity.  I 
was  an  advocate  by  profession.  For  me  the  law  had  postponed 
the  question  of  their  guilt  or  innocence.  Can  any  one  furnish 
me  with  what  would  have  been  a  sufficient  excuse  for  refusing 
their  demand  ?  '  Hoc  maxime  officii  est,  ut  quisquam  maxime 
opus  indigeatj  ita  ci  potissimum  opitulari  ?*  was  the  instruction 
given  by  Cicero.  Can  the  American  lawyer  find  a  better  rule 
of  conduct,  or  one  derived  from  higher  authority  1 

"  Gentlemen,  in  the  middle  of  the  fourth  month  we  draw  near 
to  the  end  of  what  has  seemed  to  be  an  endless  labor.  While 
we  have  been  here,  events  have  transpired  which  have  roused 
national  ambition — kindled  national  resentment  —  drawn  forth 
national  sympathies  —  and  threatened  to  disturb  the  tranquillity 
of  empires.  He  who,  although  He  worketh  unseen,  yet  worketh 
irresistibly  and  unceasingly,  hath  suspended  neither  his  guardiau 
care  nor  his  paternal  discipline  over  ourselves.  Some  of  you 

*  "The  clear  point  of  duty  is,  to  assist  most  readily  those  who  most  need 
assistance." 


118  MR. 

have  sickened  and  convalesced.  Others  have  parted  with  cher 
ished  ones,  who,  removed  before  they  had  time  to  contract  the 
stain  of  earth,  were  already  prepared  for  the  kingdom  of  heaven. 
There  have  been  changes,  too,  among  the  unfortunate  men  whom 
I  have  defended.  The  sound  of  the  hammer  has  died  away  in 
the  workshops  of  some ;  the  harvests  have  ripened  and  wasted 
in  the  fields  of  others.  Want,  and  fear,  and  sorrow,  have  en 
tered  into  all  their  dwellings.  Their  own  rugged  forms  have 
drooped  ;  their  sunburnt  brows  have  blanched  ;  and  their  hands 
have  become  as  soft  to  the  pressure  of  friendship  as  yours  or 
mine.  One  of  them  —  a  vagrant  boy — whom  I  found  impris 
oned  here  for  a  few  extravagant  words,  that  perhaps  he  never 
uttered,  has  pined  away  and  died.  Another — he  who  was  feared, 
hated,  and  loved,  most  of  all — has  fallen  in  the  vigor  of  life  — 

'hacked  down, 


His  thick  summer-leaves  all  faded.' 

When  such  a  one  falls  amid  the  din  and  smoke  of  the  battle 
field,  our  emotions  are  overpowered — suppressed — lost,  in  the 
excitement  of  public  passion.  But  when  he  perishes  a  victim  of 
domestic  or  social  life  —  when  we  see  the  iron  enter  his  soul,  and 
see  it,  day  by  day,  sink  deeper  and  deeper,  until  nature  gives 
way,  and  he  lies  lifeless  at  our  feet — then  there  is  nothing  to 
check  the  flow  of  forgiveness,  compassion,  and  sympathy.  If,  in 
the  moment  when  he  is  closing  his  eyes  on  earth,  he  declares — 
1 1  have  committed  no  crime  against  my  country  ;  I  die  a  martyr 
for  the  liberty  of  speech,  and  perish  of  a  broken  heart' — then, 
indeed,  do  we  feel  that  the  tongues  of  dying  men  enforce  atten 
tion,  like  deep  harmony.  Who  would  willingly  consent  to  de 
cide  on  the  guilt  or  innocence  of  one  who  has  thus  been  with 
drawn  from  our  erring  judgment  to  the  tribunal  of  eternal  justice  1 
Yet  it  can  not  be  avoided.  If  Abel  F.  Fitch  was  guilty  of  the 
crime  charged  in  this  indictment,  every  man  here  may  neverthe 
less  be  innocent ;  but  if  he  was  innocent,  then  there  is  not  one  of 
these,  his  associates  in  life,  who  can  be  guilty.  Try  him,  then,  since 
you  must — condemn  him,  if  you  must — and  with  him  condemn 
them.  But  remember  that  you  are  mortal,  and  he  is  now  im 
mortal  ;  and  that,  before  the  tribunal  where  he  stands,  you  must 
stand  and  confront  him,  and  vindicate  your  judgment.  Remem- 


FORENSIC   ARGUMENTS.  119 

ber,  too,  that  lie  is  now  free.  He  has  not  only  left  behind  him 
the  dungeon,  the  cell,  and  the  chain,  but  he  exults  in  a  freedom 
compared  with  which  the  liberty  we  enjoy  is  slavery  and  bond 
age.  You  stand,  then,  between  the  dead  and  the  living.  There 
is  no  need  to  bespeak  the  exercise  of  your  caution — of  your 
candor — and  of  your  impartiality.  You  will,  I  am  sure,  be  just 
to  the  living,  and  true  to  your  country ;  because,  under  circum 
stances  so  solemn — so  full  of  awe  —  you  can  not  be  unjust  tc 
the  dead,  nor  false  to  your  country,  nor  your  God." 

Of  the  character  of  Governor  Seward's  professional  labors 
and  conduct  in  the  department  of  arguments  at  the  bar,  fur 
ther  illustrations  will  be  found  in  his  pleas  for  the  liberty 
of  the  press,  and  against  the  fugitive-slave  law,  and  for  the 
rights  of  inventors,  contained  in  the  collection  of  his  works. 

A  single  passage  from  the  first-named  plea  is  given  here 
as  embodying  Mr.  Seward's  views  of  resorts  to  courts  of 
justice  in  vindication  of  personal  character  when  as 
sailed: —  :J4  < 

"Actions  of  libel  are  now  at  least  comparatively  unnecessary. 
A  virtuous  and  humble  life  carries  with  it  its  own  vindication. 
And  if  this  be  not  enough,  the  press  has  the  antidote  to  its  own 
poisons.  If  it  sometimes  wounds,  it  can  effectually  heal.  An 
eminent  citizen  who  once  presided  in  this  court  commenced  pub 
lic  life  with  actions  in  defence  of  his  character.  Assailed  as  he 
thought  in  the  evening  of  his  life,  he  appealed  to  the  press,  and 
his  vindication  was  complete  and  successful.  The  licentiousness 
of  the  press  has  impaired  its  power  to  defame  —  and  the  Avorst 
libel  ever  published  would  be  effectually  counteracted  by  a 
publication  in  the  simple  Avords,  '  I  am  riot  guilty,'  if  it  bore  the 
signature  of  James  Milnor,  or  of  one  who  like  him  walked  among 
his  countrymen  in  the  ways  of  a  pure  and  blameless  life." 


120  RECALL   TO   PUBLIC   LIFE. 


CHAPTER   XVII. 

RECALL   TO   PUBLIC   LIFE — RETROSPECT  —  POLITICAL  AFFAIRS 
—  GENERAL   TAYLOR'S   ELECTION — CLEVELAND   SPEECH. 

THE  retirement  of  Governor  Seward  from  office,  permit 
ting  party  heats  to  abate,  and  freeing  his  views  on  public 
questions  from  the  influence  of  prejudice,  was  followed  by 
a  growing  reaction  of  popular  sentiment  in  his  favor.  He 
had  been  opposed  by  the  abolitionists,  because  he  withheld 
his  countenance  from  their  extreme  measures,  and  by  the 
enemies  of  abolition,  because  of  -his  sympathy  with  the 
cause.  Adopted  citizens  had  been  led  to  distrust  the  sin 
cerity  of  his  efforts  in  their  behalf,  and  protestants  saw 
danger  to  religion  in  his  zeal  for  equal  justice  to  the  for 
eigner  and  native.  The  friends  of  internal  improvement 
accused  him  of  lukewarmness,  while  the  opponents  of  that 
system  predicted  the  impoverishment  of  the  state  from  the 
extravagance  of  his  zeal.  But  now  all  these  prejudices 
were  softened.  His  character  and  his  opinions  were  pre 
sented  in  a  truer  light.  His  sincerity  was  placed  above  the 
reach  of  suspicion.  No  one  questioned  his  rare  abilities. 
While  new  friends  were  constantly  won,  his  old  friends 
adhered  to  him  with  affectionate  fidelity.  Though  abstain 
ing  from  the  exercise  of  political  influence,  he  was  regarded 
as  the  leader  of  his  party  in  the  state,  and  his  labors  were 
claimed  for  every  movement  in  behalf  of  its  interests. 

Upon  the  organization  of  the  Native  American  party, 
which  commenced  with  the  burning  of  Roman  Catholic 
churches,  and  aimed  at  a  complete  change  in  the  natural 
ization  laws,  the  adopted  citizens,  with  one  accord,  appealed 
to  Governor  Seward  for  sympathy  and  protection.  His 


THE   TEXAS   AND    OREGON   QUESTIONS.  121 

speeches  and  letters,  during  the  agitation  of  this  subject, 
show  his  vigorous  resistance  to  principles  which  he  had 
always  regarded  as  political  heresies.*  In  this  respect,  his 
course  has  been  uniform  and  consistent,  from  the  beginning. 

Notwithstanding  Governor  Seward  was  overruled  in  his 
opposition  to  the  nomination  of  Mr.  Clay  for  the  presi 
dency,  in  1844,  at  the  instance  of  the  whig  party,  he  took 
an  active  part  in  the  canvass  of  the  state,  until  the  day  of 
the  election.  He  spared  no  pains  to  remove  the  objections 
of  the  anti-slavery  voters,  and  of  the  adopted  citizens,  to 
the  whig  candidate.  If  strenuous  energy  and  powerful 
eloquence  could  have  insured  success,  Henry  Clay  would 
have  received  the  vote  of  New  York.  But  the  only  result 
of  these  efforts  was  to  prevent  an  increase  of  the  desertion 
from  the  whig  ranks,  which  was  experienced  in  1842. 

With  his  uncompromising  hostility  to  the  extension  of 
slavery  in  the  United  States,  Governor  Seward  opposed  the 
annexation  of  Texas  to  the  last,  and  condemned  the  Mexi 
can  war,  which  he  had  predicted  as  its  consequence.  Still, 
during  the  continuance  of  the  war,  he  urgently  maintained 
the  duty  of  supporting  the  government  by  liberal  appro 
priations  of  men  and  money. 

While  the  Oregon  question  was  pending  between  the 
United  States  and  Great  Britain,  he  agreed  with  John 
Quincy  Adams  that  our  government  should  give  notice  to 
Great  Britain  of  the  termination  of  the  joint  occupancy 
of  that  territory.  Notwithstanding  all  the  threats  and 
alarms  of  war,  he  exerted  his  influence  witli  the  members 
of  Congress  to  sustain  the  administration  in  the  adoption 
of  that  measure. 

The  subject  of  internal  improvements  in  the  state,  to 
gether  with  the  conflicts  of  interest  about  the  patronage  of 
the  federal  government,  produced  a  division  as  early  as 
1843  in  the  ranks  of  the  so-called  New- York  democracy. 
The  rival  factions  came  soon  to  designate  each  other  as 

*  See  Vol.  III. 

6 


122  NEW    CONSTITUTION   PROPOSED. 

hunkers  and  barnburners.  While  each  admitted  the  neces 
sity  of  some  amendments  to  the  constitution,  they  could 
not  agree  on  the  details.  No  proposal  to  that  effect,  ac 
cordingly,  could  obtain  the  assent  of  twt>  successive  legis 
latures,  or  a  two-third  vote,  which  was  necessary  in  the 
last  instance,  for  submitting  a  proposition  to  the  people. 
The  barnburners,  who  sought  for  more  radical  reforms  than 
their  opponents,  were  thus  led  to  agitate  the  call  of  a  con 
vention  for  the  entire  revision  of  the  constitution.  This 
measure  was  discountenanced  by  leading  whigs,  who  re 
garded  it  as  revolutionary,  and  of  dangerous  tendencies. 
Governor  Seward  took  the  opposite  ground.  He  argued 
that  such  a  convention  would  present  an  opportunity  to  the 
whigs  to  take  the  sense  of  the  people  upon  the  measures 
proposed  by  the  barnburners  against  internal  improvements. 
It  might  also  secure  the  advantage  of  decentralizing  the 
political  power  of  the  state,  by  dividing  it  into  single  sena 
torial  and  assembly  districts,  and  transferring  the  appoint 
ment  of  all  judicial  and  administrative  offices  from  the  gov 
ernor  and  legislature  to  the  people,  as  well  as  intrusting 
all  matters  of  local  legislation  to  county  boards  of  super 
visors,  instead  of  tho  legislature  at  Albany.  It  would, 
moreover,  permit  an  attempt  to  extend  the  right  of  suffrage, 
without  a  freehold  qualification,  to  the  African  race.  The 
views  of  Governor  Seward  were  generally  adopted.  The 
convention  was  called  with  great  unanimity  by  all  parties. 
Although  the  whigs  had  but  a  small  minority  in  that  body, 
all  the  proposed  reforms  were  carried,  except  the  latter. 
The  sceptre  which  had  so  long  been  wielded  by  the  Albany 
regency  was  broken,  and  the  concentration  of  political, 
judicial,  and  moneyed  power,  on  which  their  empire  was 
built,  was  henceforth  impossible. 

The  recurrence  of  the  presidential  election  in  1848  found 
Governor  Seward  consenting  to  the  nomination  of  General 
Taylor,  whom  he  regarded,  at  that  time,  as  the  only  avail 
able  candidate.  He  had  greater  confidence  in  the  success 


THE  CLEVELAND  SPEECH.  123 

of  General  Taylor,  as  his  name  had  been  brought  before 
the  people,  in  connection  with  the  presidency,  on  account 
of  his  brilliant  achievements  in  the  Mexican  war,  to  which 
he  was  understood  to  have  been  opposed.  His  election,  there 
fore,  would  serve  to  rebuke  those  politicians  who  had  plunged 
the  country  in  war  for  selfish  purposes,  and  would  thus  in 
culcate  lessons  of  moderation  and  peace  to  rulers.  Governor 
Seward  favored  his  nomination,  moreover,  because  the  pre 
vious  course  of  the  candidate  warranted  the  belief  that  he 
would  veto  no  act  of  Congress  establishing  governments 
which  excluded  slavery  in  our  newly-acquired  Mexican  ter 
ritory.  With  these  views,  Governor  Seward  devoted  him 
self  with  great  energy  to  the  canvass  in  the  states  of  New 
York,  Pennsylvania,  Ohio,  and  Massachusetts,  in  behalf  of 
General  Taylor,  and  of  such  members  of  Congress  as  might 
be  relied  upon  to  support  his  administration  and  to  extend 
the  ordinance  of  1787,  on  the  principle  of  the  Wilinot  pro 
viso,  over  the  Mexican  territories. 

His  speech  at  Cleveland,  Ohio,  so  clearly  presents  his 
views  of  the  relative  position  of  parties  on  the  slavery 
question  that  we  make  room  for  several  extracts  in  this 
place :  — 

"  The  occasion  invites  to  a  consideration  of  many  grave  sub 
jects.  But  the  time  is  short.  I  shall  waste  little  on  the  preju 
dices  which  constitute  the  chief  capital  of  our  political  adversa 
ries.  The  two  ancient  and  obsolete  parties  originated  in  the 
debate  upon  questions  of  organic  law,  and  waxed  strong  in  the 
discussion  of  the  principles  of  administration  proper  for  a  neu 
tral  nation  during  the  conflict  between  European  belligerents. 
Each  performed  its  duties  and  fulfilled  its  destiny ;  each  con 
tributed  enough  to  be  remembered  in  lasting  gratitude ;  and 
each  was  hurried  at  times  into  errors  to  he  forgiven  and  avoided. 

"  '  The  knights  are  dust, 
Their  swords  in  rust, 
Their  souls  in  heaven  we  trust.' 

"  Our  duties  are  to  the  generation  which  is  living,  and  to  the 
generations  which  are  to  come  into  life.  It  is  a  living  faith,  and 


124  THE    CLEVELAND    SPEECH. 

not  a  dead  one,  that  yields  beneficent  fruits.  He  who  acts  from 
prejudice  or  from  passion  is  a  slave.  He  who  persuades  another 
to  act  so  makes  him  a  slave.  The  ballot-box  is  an  altar  of  in 
dependence,  not  of  slavery  :  — 

"  'Thou  of  an  independent  mind, 

With  soul  resolved,  with  soul  resigned, 

Prepared  Oppression's  proudest  frowns  to  brave, 

Who  will  not  be  nor  make  a  slave, 

Virtue  alone  who  dost  revere. 

Thy  own  reproach  alone  dost  fear  — 

Approach  this  shrine  and  worship  here.' 

"  I  am  to  converse  with  whigs  only,  and  not  with  all  whigs, 
but  with  some  who  propose  to  secede  temporarily  if  not  perma 
nently  from  the  association  whose  labors,  privations,  defeats,  and 
triumphs,  they  have  hitherto  shared  with  perseverance  and  fidel 
ity.  I  shall  speak  not  for  a  man,  not  for  men,  not  even  for  a 
party,  but  for  the  common  cause  which  thus  far  has  held  us  to 
gether,  and  which  the  seceders  promise  to  advance  more  effect 
ually  by  separation.  To  such  I  may  say,  perhaps,  without 
presumption  — 

"  'Hear  me  for  my  cause,  and  be  silent,  that  you  may  hear;  believe  me 
for  mine  honor,  and  have  respect  unto  mine  honor  that  you  may  the  better 
judge.' 

"  I  shall  ask  you  to  consider,  first,  the  principles  and  policy 
which  the  interest  of  our  country  and  of  humanity  demand ; 
secondly,  how  we  can  most  effectually  render  those  principles 
and  that  policy  triumphant. 

"  We  never  were,  we  are  not  now,  and  for  a  long  time  to 
come  we  can  not  be,  a  unique  and  homogeneous  people.  The 
colonies  which  preceded  our  states  were  off-shoots  from  an 
imperfect  European  civilization.  England,  Ireland,  Scotland, 
Wales,  France,  Spain,  Switzerland,  Italy,  Germany,  Holland, 
and  Sweden,  contributed  the  original  elements  of  population ; 
with  these  were  mingled  the  natives  of  the  continent,  and  com 
pulsory  immigration  from  the  wilds  of  Africa.  The  disasters 
and  privations  of  the  Old  World  cause  this  flood  of  immigration 
to  continue  with  daily-increasing  volume,  and  our  settlement  on 
the  Pacific  will  soon  become  the  gate  for  a  similar  flow  from  the 
worn-out  civilization  of  Asia.  Our  twenty  millions  are  expand- 


THE   CLEVELAND   SPEECH.  125 

ing  to  two  hundred  millions  —  our  originally  narrow  domain  into 
a  great  empire.  Its  destiny  is  to  renovate  the  condition  of  man 
kind. 

"  The  first  principle  of  our  duty  as  American  citizens  is  to  pre 
serve  the  integrity  of  the  Union.  Without  the  Union,  there 
would  be  not  only  a  want  of  haimony  of  action,  hut  collisions 
and  conflicts  ending  in  anarchy  or  probably  in  despotism.  This 
Union  must  be  a  voluntary  one,  and  not  compulsory.  A  Union 
upheld  by  force  would  be  despotism. 

"  The  second  principle  of  American  citizenship  is,  that  our 
democratic  system  must  he  preserved  and  perfected.  That  sys 
tem  is  founded  in  the  natural  equality  of  all  men  —  not  alone  all 
American  men,  nor  alone  all  white  men,  but  all  MEN  of  every 
country,  clime,  and  complexion,  are  equal — not  made  equal  by 
human  laws,  but  born  equal.  It  results  from  this  that  every 
man  permanently  residing  in  a  community  is  a  member  of  the 
state,  obliged  to  submit  to  its  rule,  and  therefore  entitled  equally 
with  every  other  man  to  participate  in  its  government.  If  it  be 
a  monarchy,  he  has  a  right  to  keep  a  musket  to  defend  himself 
when  the  government  becomes  intolerable.  If  it  be  a  democ 
racy,  where  consent  is  substituted  for  force,  he  has  a  right  to 
a  ballot  for  the  same  purpose ;  and  each  should  be  placed  in  his 
hands  (he  being  a  resident)  when  he  is  able  to  speed  the  bullet 
or  cast  the  ballot  with  discretion.  Whatever  institutions  or  laws 
we  have  existing  among  us  which  deny  this  principle,  are  wrong, 
and  ought  to  be  corrected. 

"A  third  principle  of  American  citizenship  is,  that  knowledge 
ought  to  be  diffused,  as  well  for  the  safety  of  the  state,  as  to 
promote  the  happiness  of  society. 

"A  fourth  principle  is,  that  our  national  resources,  physical, 
moral,  and  intellectual,  ought  to  be  developed  and  applied  to 
increase  the  public  wealth,  and  enhance  the  convenience  and 
comfort  of  the  people. 

"A  fifth  principle  is,  that  peace  and  moderation  are  indispen 
sable  to  the  preservation  of  republican  institutions. 

"  A  sixth  principle  is,  that  slavery  must  be  abolished. 

"  I  think  these  are  the  principles  of  the  whigs  of  the  Western 
Reserve  of  Ohio.  I  am  not  now  to  say  for  the  first  time  that 


126  THE   CLEVELAND   SPEECH. 

they  are  mine.      I  imbibed  them  from  the  philosophy  of  the 
American  Revolution- — 

"Soon  as  the  charity  of  ray  native  land 
Wrought  in  my  bosom.' 


"  There  are  two  antagonistical  elements  of  society  in  America, 
freedom  and  slaveiy.  Freedom  is  in  harmony  with  our  system 
of  government  and  with  the  spirit  of  the  age,  and  is  therefore 
passive  and  quiescent.  Slavery  is  in  conflict  with  that  system, 
with  justice,  and  with  humanity,  and  is  therefore  organized,  de 
fensive,  'active,  and  perpetually  aggressive. 

"  Freedom  insists  on  the  emancipation  and  elevation  of  labor ; 
slavery  demands  a  soil  moistened  with  tears  and  blood  —  free 
dom  a  soil  that  exults  under  the  elastic  tread  of  man  in  his  na 
tive  majesty. 

"  These  elements  divide  and  classify  the  American  people 
into  two  parties.  Each  of  these  parties  has  its  court  and  its 
sceptre.  The  throne  of  the  one  is  amid  the  rocks  of  the  Alle- 
gany  mountains ;  the  throne  of  the  other  is  reared  on  the  sands 
of  South  Carolina.  One  of  these  parties,  the  party  of  slavery, 
regards  disunion  as  among  the  means  of  defence,  and  not,  always 
the  last  to  be  employed.  The  other  maintains  the  Union  of  the 
states,  one  and  inseparable,  now  and  for  ever,  as  the  highest 
duty  of  the  American  people  to  themselves,  to  posterity,  to 
mankind. 

"  The  party  of  slavery  upholds  an  aristocracy  founded  on  the 
humiliation  of  labor,  as  necessary  to  the  perfection  of  a  chival 
rous  republic.  The  party  of  freedom  maintains  universal  suf 
frage,  which  makes  men  equal  before  human  laws,  as  they  are 
in  the  sight  of  their  common  Creator. 

"  The  party  of  slavery  cherishes  ignorance,  because  it  is  the 
only  security  for  oppression.  The  party  of  liberty  demands  the 
diffusion  of  knowledge,  because  it  is  the  only  safeguard  of  re 
publican  institutions. 

"  The  party  of  slavery  patronizes  labor  which  produces  only 
exports  to  commercial  nations  abroad  —  tobacco,  cotton,  and 
sugar — and  abhors  the  protection  that  draws  grain  from  our  na 
tive  fields,  lumber  from  our  native  forests,  iron  and  coal  from  our 


THE   CLEVELAND   SPEECH.  127 

native  mines,  and  ingenuity,  skill,  and  labor,  from  the  free  minds 
and  willing  hands  of  our  own  people. 

"  The  party  of  freedom  favors  only  the  productions  of  such 
minds  and  such  hands,  and  seeks  to  build  up  our  empire  out  of 
the  redundant  native  materials  with  which  our  country  is 
blest. 

"  The  party  of  slavery  leaves  the  mountain  ravine  and  shoal 
to  present  all  their  natural  obstacles  to  internal  trade  and  free 
locomotion,  because  railroads,  rivers,  and  canals,  are  highways 
for  the  escape  of  bondsmen. 

"  The  party  of  liberty  would  cover  the  country  with  railroads 
and  canals,  to  promote  the  happiness  of  the  people,  and  bind 
them  together  with  the  indissoluble  bonds  of  interest  and  affec 
tion. 

"  The  party  of  slavery  maintains  its  military  defences,  and 
cultivates  the  martial  spirit,  for  it  knows  not  the  day  nor  the 
hour  when  a  standing  army  will  not  be  necessary  to  suppress 
and  extirpate  the  insurrectionary  bondsmen. 

"  The  party  of  freedom  cherishes  peace,  because  its  sway  is 
sustained  by  the  consent  of  a  happy  and  grateful  people. 

"  The  party  of  slavery  fortifies  itself  by  adding  new  slave- 
bound  domain  on  fraudulent  pretexts  and  with  force. 

"  The  party  of  freedom  is  content  and  moderate,  seeking  only 
a  just  enlargement  of  free  territory. 

"The  party  of  slavery  declares  that  institution  necessary, 
beneficent,  and  approved  of  God,  and  therefore  inviolable. 

"  The  party  of  freedom  seeks  complete  and  universal  emanci 
pation. 

"  You,  whigs  of  the  Reserve,  and  you  especially,  seceding 
whigs,  none  know  so  well  as  you  that  these  two  elements  exist 
and  are  developed  in  the  two  great  national  parties  of  the  land, 
as  I  have  described  them.  That  existence  and  development 
constitute  the  only  reason  you  can  assign  for  having  been  en 
rolled  in  the  whig  party,  and  mustered  under  its  banner  so 
zealously  and  so  long.  And  now  I  am  not  to  contend  that  the 
evil  spirit  I  have  described  has  possessed  the  one  party  without 
mitigation  or  exception,  and  that  the  beneficent  one  has  on  all 
occasions,  and  fully,  directed  the  action  of  the  other.  But  I  ap 
peal  to  you,  to  your  candor  and  justice,  whether  the  beneficent 


128  THE   CLEVELAND   SPEECH. 

spirit  lias  not  worked  chiefly  in  the  whig  party,  and  its  antago 
nist  in  the  adverse  party. 

******** 

"  You  infer  that  the  whig  party  have  fallen  away  from  their 
ancient  faith.  I  admit  its  comparative  nnsoundness.  I  confess 
it,  but  it  is  still  the  truest  and  most  faithful  of  the  two  parties,  and 
one  or  the  other  of  them  must  prevail.  The  nnsoundness  of 
both  arises  from  the  fault  of  the  country  and  of  the  age.  Nei 
ther  was  ever  more  sound  and  faithful  than  it  is  now :  it  is  your 
duty  and  mine  to  make  them  both  more  faithful. 

"  Slavery  was  once  the  sin,  not  of  some  of  the  states  only,  but 
of  them  all — not  of  our  nation  only,  but  of  all  nations.  It  per 
verted  and  corrupted  the  moral  sense  of  mankind,  deeply,  uni 
versally;  and  this  corruption  became  a  universal  habit.  Habits 
of  thought  became  fixed  principles.  No  American  state  has  yet 
delivered  itself  entirely  from  those  habits.  We  in  New  York 
are  guilty  of  slavery  still,  by  withholding  the  right  of  suffrage 
from  the  race  we  have  emancipated.  You  in  Ohio  are  guilty  in 
the  same  way,  by  a  system  of  black-laws,  still  more  aristocratic 
and  odious.  It  is  written  in  the  constitution  of  the  United  States 
that  five  slaves  shall  count  equal  to  three  free  men,  as  a  basis 
of  representation ;  and  it  is  written  also,  in  violation  of  the 
Divine  law,  that  we  shall  surrender  the  fugitive  slave  who  takes 
refuge  at  our  fireside  from  his  relentless  pursuers.  You  blush 
not  at  these  things,  because  they  have  become  familiar  as  house 
hold  words,  and  your  pretended  free-soil  allies  claim  particular 
merit  for  maintaining  these  miscalled  guaranties  of  slavery 
which  they  find  in  the  national  compact. 

"  Does  not  all  this  prove  that  the  whig  party  has  kept  up 
with  the  spirit  of  the  age — that  it  is  as  true  and  faithful  to 
human  freedom  as  the  inert  conscience  of  the  American  people 
will  permit  it  to  be  ] 

" '  What,  then !'  you  say,  '  can  nothing  be  done  for  freedom 
because  the  public  conscience  is  inert  V  Yes,  much  can  be  done 
—  everything  can  be  done.  Slavery  can  be  limited  to  its  pres 
ent  bounds,  it  can  be  ameliorated,  it  can  be  and  must  be  abol 
ished,  and  you  and  I  can  and  must  do  it.  The  task  is  as  simple 
and  easy  as  its  consummation  will  be  beneficent  and  its  rewards 
glorious.  It  requires  only  to  follow  this  simple  rule  of  action, 


THE  CLEVELAND  SPEECH.  129 

viz. :  to  do  everywhere  and  on  every  occasion  what  we  can,  and 
not  to  neglect  or  refuse  to  do  what  we  can  at  any  time,  because 
at  that  precise  time  and  on  that  particular  occasion  we  can  not 
do  more.  Circtim stances  determine  possibilities.  When  we 
have  done  our  best  to  shape  them  and  make  them  propitious, 
we  may  rest  satisfied  that  superior  Wisdom  has  determined  their 
form  as  they  exist,  and  will  be  satisfied  with  us  if  we  then  do 
all  the  good  that  circumstances  leave  in  our  power.  But  we 
must  begin  deeper  and  lower  than  in  the  composition  and  com 
bination  of  factions  and  parties.  Wherein  do  the  strength  and 
security  of  slavery  lie  ?  You  answer  that  they  lie  in  the  consti 
tution  of  the  United  States,  and  the  constitution  and  laws  of 
all  slaveholding  states.  Not  at  all.  They  lie  in  the  erroneous 
sentiment  of  the  American  people.  Constitutions  and  laws  can 
no  more  rise  above  the  virtue  of  the  people  than  the  limpid 
stream  can  climb  above  its  native  spring.  Inculcate,  then,  the 
love  of  freedom  and  the  equal  lights  of  man,  under  the  paternal 
roof;  see  to  it  that  they  are  taught  in  the  schools  and  in  the 
churches  ;  reform  your  own  code  —  extend  a  cordial  welcome  to 
the  fugitive  who  lays  his  weary  limbs  at  your  door,  and  defend 
him  as  you  would  your  paternal  gods ;  correct  your  own  error, 
that  slavery  has  any  constitutional  guaranty  which  may  not  be 
released,  and  ought  not  to  be  relinquished.  Say  to  Slavery, 
when  it  shows  its  bond  and  demands  the  pound  of  flesh,  that  if 
it  draws  one  drop  of  blood,  its  life  shall  pay  the  forfeit.  In 
culcate  that  free  states  can  maintain  the  rights  of  hospitality 
and  of  humanity ;  that  executive  authority  can  forbear  to  favor 
slavery;  that  Congress  can  debate ;  that  Congress  at  least  can 
mediate  with  the  slaveholding  states,  that  at  least  future  genera 
tions  might  be  bought  and  given  up  to  freedom,  and  that  the 
treasures  wasted  in  the  war  with  Mexico  would  have  been  suffi 
cient  to  have  redeemed  millions  unborn  from  bondage.  Do  all 
this  and  inculcate  all  this  in  the  spirit  of  moderation  and  benev 
olence,  and  not  of  retaliation  and  fanaticism,  and  you  will  soon 
bring  the  parties  of  the  country  into  an  effective  aggression  upon 
slavery.  Whenever  the  public  mind  shall  will  the  abolition  of 
slavery,  the  way  will  open  for  it. 

"  I  know  that  you  will  tell  me  that  this  is  all  too  slow.     Well, 
then,  go  faster,  if  you  can,  and  I  will  go  with  vou ;  but  remem- 

6* 


130  THE   CLEVELAND   SPEECH. 

ber  the  instructive  lesson  that  was  taught  in  the  words,  "  These 
things  ought  ye  to  have  done,  and  not  to  have  left  the  others 
undone."  Remember  that  the  liberty  party  tried  the  unattain 
able,  overlooking  the  attainable,  and  now  has  compromised  and 
surrendered  the  principle  of  immediate  emancipation  for  a  coa 
lition  to  effect  a  practicable  measure  which  can  only  be  defeated 
by  that  coalition.  Remember  that  no  human  work  is  done  with 
out  preparation.  God  works  out  his  sublimest  purposes  among 
men  with  preparation.  There  was  a  voice  of  one  crying  in 
the  wilderness,  *  Prepare  ye  the  way,'  before  the  Son  of  man 
could  come.  There  was  a  John  before  a  Jesus ;  there  was  a 
baptism  of  water  before  the  baptism  of  the  Holy  Ghost  and  of 
fire." 

All  Mr.  Seward's  speeches  during  this  campaign  were 
full  of  tbe  same  sentiments.  In  the  cities  of  Boston,  Phila 
delphia,  and  New  York  as  well  as  among  the  yeomanry  of 
Pennsylvania,  New  York,  and  Ohio,  he  spoke  the  same  lan 
guage,  and  the  demonstrations  of  concurrence  were  equally 
hearty  and  unanimous  in  city  and  country. 

In  one  of  these  speeches  he  alludes  to  the  nomination  of 
General  Taylor  in  preference  to  Mr.  Clay  and  Mr.  Webster 
in  the  following  words  :  — 

"  What  is  the  presidency  of  the  United  States  compared  with 
the  fame  of  a  patriot  statesman  who  triumphs  over  popular  in 
justice  and  establishes  his  country  on  the  sure  foundations  of 
freedom  and  empire  ?"* 

*  See  Vol.  IIT.,  p.  805. 


ELECTED   SENATOR.  131 


CHAPTER    XVIII. 

PRESIDENT   TAYLOR  —  MR.    SEWARD   ELECTED   SENATOR  —  GEN 
ERAL    TAYLOR'S    POLICY  —  MR.    SEWARD'S    COURSE    AND 

SPEECHES  —  THE  HIGHER  LAW THE  COMPROMISE  OF  1850 

—  SPEECHES    ON    VARIOUS    SUBJECTS  —  VISIT    TO    VERMONT 
AGRICULTURAL   ADDRESS CANADA . 

THE  election  of  General  Taylor  to  the  presidency  seemed 
to  be  a  favorable  indication  for  the  policy  of  freedom,  that 
had  been  so  earnestly  defended  by  Governor  Seward. 
Connected  with  the  return  of  a  whig  majority  both  in  the 
national  house  of  representatives  and  the  legislature  of  New 
York,  that  event  was  supposed  to  guaranty  the  restriction 
of  slavery  within  its  existing  boundaries  and  the  establish 
ment  of  a  free  domain  along  the  gulf  of  Mexico,  and  across 
the  continent  to  the  Pacific  ocean.  Under  these  circum 
stances,  Governor  Seward  was  elected  to  the  senate  of  the 
United  States,  in  place  of  Hon.  John  A.  Dix,  whose  term 
was  about  to  expire.  The  vote  of  the  legislature,  which 
was  given  in  February,  1849,  stood — for  Governor  Seward 
121,  and  for  all  others  30.  This  was  an  unusually  large 
majority,  there  being  no  serious  opposition  to  his  election. 
He  entered  the  thirty-first  Congress,  together  with  thirty- 
three  other  whig  members,  and  one  democratic  member, 
from  the  state  of  New  York,  who,  in  accordance  with  the 
prevailing  sentiment  of  the  state,  were  all  understood  to 
agree  with  him  in  the  policy  of  circumscribing  the  region 
of  slavery. 

On  arriving  at  Washington,  in  February  before  the  com 
mencement  of  his  senatorial  term,  Mr.  Seward  found 
Congress  engaged  on  an  amendment  to  the  civil  and  diplo 
matic  appropriation  bill .  proposed  by  Mr.  Walker,  of  which 


132  GEX.    TAYLOR   AND   MR.    SEWARD. 

the  effect  would  be  to  abrogate  the  laws  of  Mexico  for  the 
prohibition  of  slavery.  This  amendment  had  already 
.passed  the-  senate,  but  Mr.  Seward,  with  characteristic 
energy,  exerted  himself  to  secure  its  defeat  in  the  house. 
His  efforts  were  successful ;  the  amendment  was  lost  in  the 
house,  after  a  long  and  excited  debate  ;  the  senate  receded 
from  it,  on  the  last  night  of  the  session.* 

The  sagacity  of  President  Taylor,  on  his  accession  to  of 
fice  was  signally  displayed  in  his  choice  of  Mr.  Seward 
as  one  of  his  most  intimate  friends  and  counsellors.  Fa 
miliar  with  all  the  elements  of  northern  society,  with  every 
aspect  of  public  opinion,  and  the  feelings  and  interests  of 
the  people — conversant  with  civil  affairs  as  a  jurist  and 
statesman  —  cherishing  a  lofty  sense  of  honor  and  a  gener 
ous  sympathy  with  popular  rights — courteous  and  tolerant 
toward  his  opponents,  though  rigidly  faithful  to  his  convic 
tions  — inspired  with  a  glowing  sentiment  both  of  patriotism 
and  humanity — and  ardently  devoted  to  the  support  of  the 
federal  Union  —  he  was  eminently  qualified  to  promote  the 
welfare  of  his  country  in  the  responsible  function  of  adviser 
to  the  president.  With  a  delicate  sense  of  propriety,  while 
thus  enjoying  the  confidence  of  President  Taylor,  he  declined 
being  placed  on  any  important  committee  of  the  senate, 
lest  it  might  be  supposed,  on  some  occasions,  that  he  acted 
authoritatively  in  his  behalf.  He  was  unwilling  to  embar 
rass  the  administration  by  any  sectional  prejudices  against 
himself,  but  wished  quietly  to  bring  the  aid  of  his  wisdom 
find  experience  to  the  support  of  its  head. 

He  concurred  with  President  Taylor  in  his  invitation  to 
California  and  New  Mexico  to  organize  state  governments 
and  apply  for  admission  into  the  Union  at  the  next  session 
of  Congress.  The  suggestion  of  the  president  was  adopt 
ed.  As  Mr.  Seward  had  anticipated,  California  appeared 
by  her  senators  and  representatives  at  the  commencement 
of  the  congressional  session  in  December,  1849,  with  a 

*  Sec  Vol.  III.,  p.  443. 


THE   HIGHER  LAW.  133 

constitution  excluding  slavery.  It  was  understood  that 
New  Mexico  was  preparing  to  come  with  a  similar  consti 
tution. 

To  Mr.  Seward  belongs  the  authorship  of  the  phrase 
— the  Higher  Law — which  has  acquired  a  fame  that  will 
never  die.  It  was  used  by  him  in  his  speech  in  the  senate, 
March  11,  1850,  on  the  admission  of  California  into  the 
Union.* 

This  speech  was  unanimously  acknowledged  to  be  a  bold, 
manly,  and  profound  production.  Lucid  and  consecutive 
in  argument,  learned  in  historical  and  philosophical  illus 
trations,  with  a  chaste  elegance  of  diction,  it  was  not  sur 
passed  for  sound  statesmanship  and  an  acute  exposition  of 
the  principles  of  natural  and  constitutional  law,  by  any 
speech  delivered  in  the  senate  on  the  absorbing  subject  of 
freedom  in  the  territories. 

The  enemies  of  Mr.  Seward  at  once  accused  him  of 
maintaining  the  existence  of  a  Higher  Law,  in  opposition 
to  the  constitution,  by  which  the  new  domain  of  California 
was  devoted  to  justice,  liberty,  and  union.  But  this  was  a 
flagrant  misrepresentation  of  his  language,  which  embodied 
a  truth,  that  none  but  the  grossest  materialists  and  skeptics 
can  call  in  question.  No  enlightened  ethical  philosopher, 
no  man  of  ordinary  religious  feeling  and  conscientiousness, 
will  deny  that  there  is  a  law  higher  than  political  constitu 
tions  and  human  legislation,  "  the  law  which  governs  all 
law — the  law  of  our  Creator,  the  law  of  humanity,  justice, 
equity,  the  law  of  nature  and  of  nations."  Nor  will  it  be 
doubted,  that  in  case  of  a  conflict  between  divine  and  human 
law,  "  we  ought  to  obey  God,  rather  than  man."  But  it 
was  not  the  purpose  of  Mr.  Seward  on  that  occasion, 
to  repeat  a  principle  so  plain  as  this.  The  phrase  as  used 
by  him  on  the  floor  of  the  senate  would  hardly  seem  capa 
ble  of  such  misconstruction  as  has  been  given  to  it.  We 
quote  his  words,  precisely  as  they  were  spoken  :  — 

*  Soft  Vol.  T.,  p.  51. 


134  THE    HIGHER    LAW. 

"  It  is  true,  indeed,  that  the  national  domain  is  ours.  It  is 
true  it  was  acquired  by  the  valor  and  with  the  wealth  of  the 
whole  nation.  But  we  .hold,  nevertheless,  no  arbitrary  power 
over  it.  We  hold  no  arbitrary  authority  over  anything,  whether 
acquired  lawfully  or  seized  by  usurpation.  The  constitution 
regulates  our  stewardship ;  the  constitution  devotes  the  domain 
to  union,  to  justice,  to  defence,  to  welfare,  and  to  liberty.  But 
there  is  a  Higher  Law  than  the  Constitution,  which  regulates 
our  authority  over  the  domain,  and  devotes  it  to  llie  same  nolle 
purposes.  The  territory  is  a  part,  no  inconsiderable  part,  of  the 
common  heritage  of  mankind,  bestowed  upon  them  by  the  Cre 
ator  of  the  universe.  We  are  his  stewards,  and  must  so  dis 
charge  our  trust  as  to  secure  in  the  highest  attainable  degree 
their  happiness." 

Every  intelligent  reader  will  perceive  that  while  Mr. 
Seward  devoutly  recognises  the  law  of  God,  and  its 
paramount  claims  both  on  individuals  and  nations,  he  was 
far  from  asserting  a  contradiction  between  that  law  and  the 
American  constitution  on  the  subject  in  question.  On  the 
contrary,  he  declares  that  they  agree  in  demanding  freedom 
and  justice  for  the  new  domain.  Can  any  wise  statesman, 
can  any  far-seeing  patriot,  can  any  friend  of  human  improve 
ment,  deny  the  soundness  of  this  position  ? 

But  let  us  not  be  misunderstood.  In  vindicating  Mr. 
Seward  from  the  aspersions  which  were  brought  upon 
him  by  the  expression  alluded  to,  it  is  far  from  our  inten 
tion  to  disclaim  for  him  a  belief  that  the  obligation  of  hu 
man  laws  is  founded  on  their  harmony  with  the  principles 
of  eternal  justice.  He  is  no  adherent  of  the  superficial  and 
wretched  philosophy  which  derives  the  distinctions  of  moral 
ity  from  the  caprices  of  opinion.  In  common  with  the 
greatest  thinkers  of  all  ages,  he  traces  the  obligation  of 
right  to  the  uncreated  wisdom  of  the  Deity.  With  Plato 
and  Cicero,  in  ancient  times,  with  Bacon,  Hooker,  and 
Cudworth,  at  a  later  date,  he  recognises  the  bosom  of  the 
Deity  as  the  seat  and  fountain  of  law — "whose  voice  is 
the  harmony  of  the  world."  This  ennobling  idea  pervades 


THE   COMPROMISE   BILL.  135 

the  writings  of  Mr.  Seward — it  is  the  pivot  of  his  per 
sonal  character,  as  well  as  of  his  public  and  legislative 
career.  Among  other  instances  of  its  operation,  we  find  it 
in  an  argument,  in  1847,  relating  to  the  fugitive  slave  law 
of  1793,  wher)  he  uses  the  following  striking  expression  : 
"  Congress  has  no  power  to  inhibit  any  duty  commanded  by 
God  on  Mount  Sinai,  or  by  his  son  on  the  Mount  of  Olives."* 
In  a  subsequent  speech  in  the  senate  he  alludes  to  the 
personal  abuse  which  these  sentiments  had  excited,  in  the 
following  firm  but  dignified  language  :  — 

"  I  do  not  propose  to  reply  to  what  is  personal  in  the  remarks 
of  the  honorable  senator.  I  have  nothing  of  a  personal  charac 
ter  to  say.  There  is  no  man  in  this  land  who  is  of  sufficient 
importance  to  this  country  and  to  mankind,  to  justify  his  con 
sumption  of  five  minutes  of  the  time  of  the  senate  of  the  United 
States,  with  personal  explanations  relating  to  himself.  The 
speeches  which  I  have  made  here,  under  a  rule  of  the  senate, 
are  recorded,  and  what  is  recorded  has  gone  before  the  people 
and  will  go,  worthy  or  not,  into  history.  I  leave  them  to  man 
kind.  I  stand  by  what  I  have  said.  That  is  all  I  have  to  say 
upon  that  subject. 

The  senator  proposes  to  expel  me.  I  am  ready  to  meet  that 
trial  too  ;  and  if  I  shall  be  expelled,  I  shall  not  be  the  first  man 
subjected  to  punishment  for  maintaining  that  there  is  a  power 
higher  than  human  law,  and  that  that  power  delights  in  justice  ; 
that  rulers,  whether  despots  or  elected  rulers  of  a  free  people, 
are  bound  to  administer  justice  for  the  benefit  of  society.  Sen 
ators,  when  they  please  to  bring  me  for  trial,  or  otherwise,  be 
fore  the  senate  of  the  United  States,  will  find  a  clear  and  open 
field.  I  ask  no  other  defence  than  the  speeches  upon  which 
they  propose  to  condemn  me.  The  speeches  will  read  for  them 
selves,  and  they  will  need  no  comment  from  me." 

During  the  discussion  of  the  "  Compromise  Bill,"  Mr. 
Seward  addressed  the  senate,  July  2, 1850,  in  a  speechf 
remarkable  for  the  vigor  of  its  dialectics,  its  comprehensive 

*  See  Forensic  Arguments,  Parks  vs.  Van  Zandt,  Vol.  I.,  p.  476. 
f  See  Vol.  I.,  p.  94. 


136  SPEECHES   IN   THE   SENATE. 

and  sagacious  statesmanship,  and  its  noble  zeal  for  freedom, 
as  well  as  for  the  appositeness  of  its  classical  illustrations, 
and  the  polished  beauty  of  its  style.  His  exposition  of  the 
dangers  and  evils  of  the  compromise  is  in  a  strain  of  mas 
terly  eloquence.  After  appealing  to  the  wisdom  of  his 
auditors  to  adopt  the  true  principle  of  conciliation  by  grad 
ual  reform,  he  closed  his  remarks  with  one  of  those  genuine 
touches  of  poetry  which  often  flash  over  the  severity  of  his 
argumentative  discourse.  "  We  shall  then  realize  once 
more  the  concord  which  results  from  mutual  league,  united 
councils,  and  equal  hopes  and  hazards  in  the  most  sublime 
and  beneficent  enterprise  the  earth  has  witnessed.  The 
fingers  of  the  powers  above  would  tune  the  harmony  of 
such  a  peace." 

This  speech  was  succeeded  by  speeches  on  "  New  Mex 
ico,"  and  "  Freedom  in  the  District  of  Columbia,"*  in  which 
Mr.  Seward  displayed  his  usual  elevation  of  thought  in 
applying  the  principles  of  universal  justice  to  the  main 
tenance  of  human  rights.  In  January,  1851,  Mr.  Sew 
ard  delivered  a  speech  on  the  question  of  "  Indemnities 
for  French  Spoliations, "f  giving  a  luminous  analysis  of  the 
whole  subject,  accompanied  with  ample  historical  proofs, 
and  eloquently  enforcing  the  necessity  of  justice  and  good 
faith  to  national  honor.  The  state  that  would  be  prosper 
ous  must  be  free  from  the  burden  of  violated  engagements. 
The  people  that  would  dwell  in  safety,  without  fear  for  fire 
side,  fane,  or  capitol,  must  practise  an  austere  and  pure 
morality  —  must  embody  in  their  daily  lives  the  spirit  of 
the  eternal  law  through  which  "  the  most  ancient  heavens 
arc  fresh  and  strong." 

The  next  important  topic  on  which  Mr.  Seward  ad 
dressed  the  senate  was  the  "  Public  Domain.  "J  In  his 
speech  on  this  subject,  February  27,  1851,  without  main 
taining  the  absurdity  that  the  land  of  any  country  ought 

*  See  Vol.  I.,  p.  111.  f  See  Vol.  I.,  p.  132. 

\  See  Vol.  I.,  p.  156. 


SPEECHES  —  FREEDOM  IX  EUROPE.         137 

to  be,  or  can  be,  equally  divided  and  enjoyed,  lie  shows  the 
evils  arising  to  the  highest  interests  of  society  from  great 
inequalities  in  landed  estates.  His  views  of  the  gratuitous 
distribution  of  portions  of  the  public  domain  to  actual  set 
tlers,  although  they  may  fail  to  win  the  sympathy  of  poli 
ticians,  are  marked  by  equal  humanity  and  good  sense,  and 
will  challenge  the  attention  of  all  intelligent  friends  of 
social  progress. 

In  December,  1851,  Mr.  Seward  submitted  a  reso 
lution  to  the  senate,  in  favor  of  a  cordial  welcome  by 
Congress  to  Kossuth,  to  be  communicated  by  the  president 
as  the  executive  organ  of  the  United  States.  His  senti 
ments  in  regard  to  the  illustrious  champion  of  Hungary  are 
expressed  in  two  speeches  on  the  subject,  which  handle  the 
objections  of  the  opponents  to  the  resolution  with  a  good- 
humored  severity  of  argument,  and  a  remarkable  terseness 
of  language,  while  they  present  the  claims  of  Kossuth  to  the 
admiration  of  American  freemen,  in  a  style  of  fervid  elo 
quence  that  is  equally  touching  in  its  pathos  and  convincing 
in  its  appeals.* 

During  the  following  February,  the  discussion  of  Mr. 
Foote's  resolution,  declaring  the  sympathy  of  Congress 
with  the  exiled  Irish  patriots,  Smith  O'Brien  and  Thomas 
F.  Meagher,  came  up  in  the  senate,  when  Mr.  Seward 
took  occasion  to  express  his  deep  interest  in  the  welfare  of 
Ireland,  enforcing  his  views  with  his  usual  vigor  of  argu 
ment  and  liveliness  of  illustration.!  This  was  succeeded 
in  March  by  a  speech  on  "  Freedom  in  Europe,"  in  which 
he  presents  an  admirable  sketch  of  the  Hungarian  revolu 
tion,  discusses  the  neutral  policy  of  Washington  in  regard 
to  foreign  nations,  explains  the  true  character  of  interven 
tion,  and  argues  at  length  in  its  defence.  The  tone  of  this 
speech  is  lofty  and  severe,  and  in  some  passages  rises  to 
an  almost  Miltonic  grandeur.  J 

*  See  Vol.  I.,  p.  172.  f  See  Vol.  I.,  p.  186. 

\  See  Vol.  I.,  p.  196. 


138  SPEECHES THEIR   CHARACTER. 

The  next  speeches  of  Mr.  Seward  in  the  senate  were 
on  "  American  Steam  Navigation,"*  "  Survey  of  the  Arc 
tic  and  Pacific  Oceans,"f  and  "  Tlio  American  Fisher 
ies.  "$  A  peculiar  value  attaches  to  these  speeches  from 
their  eminently  practical  character,  the  variety  and  accu 
racy  of  the  statistics  which  they  embody,  their  clear  and 
cogent  reasonings  on  the  facts  they  present,  the  intimate 
knowledge  which  they  exhibit  of  the  commercial  and  in 
dustrial  relations  of  the  country,  and  the  enlightened  and 
glowing  patriotism  with  which  they  are  inspired.  To 
the  admirers  of  Mr.  Seward  they  are  of  no  less  interest, 
on  account  of  their  fine  illustrations  both  of  his  mental 
habits  and  his  personal  character.  In  the  action  of  his 
intellect,  patience,  and  depth  of  research,  a  constant  aim 
at  the  integral  unity  of  the  subject,  a  logical  grouping 
of  particulars  in  reference  to  a  future  pregnant  inference, 
and  a  singular  self-possession  in  the  exercise  of  judgment, 
ever  serve  as  the  basis  which  underlies  the  expression  of  a 
masculine  and  generous  enthusiasm  and  an  earnest-hearted 
sympathy  with  all  that  is  beautiful  in  the  progress,  or 
sacred  in  the  hopes  of  collective  humanity. 

Immediately  after  the  adjournment  of  Congress,  Mr. 
Seward  delivered  the  first  anniversary  address  before  the 
Agricultural  Society  of  the  state  of  Vermont,  at  Rutland, 
on  the  2d  of  September,  1852. 

As  nothing  could  be  more  grateful  or  more  just,  so  we 
are  sure  nothing  could  be  more  sincere  than  the  following 
tribute,  paid  by  him  to  that  state,  in  the  opening  of  this 
interesting  address:  — 

"CITIZENS  OF  VERMONT: — LADIES  AND  GENTLEMEN:  A 
schoolmaster  from  Middlebury  taught  me  to  read  the  glowing 
praises  and  simple  maxims  of  Roman  agriculture  recorded  in 
the  pages  of  Virgil.  Natives  of  Rutland  and  Bennington  were 
among  my  youthful  companions  and  early  patrons,  still  affec 
tionately  and  gratefully  remembered.  Long  ago  I  seemed  to 
myself  to  have  imbibed  —  I  know  not  when  nor  how  —  many 

*  See  Vol.  I.,  p.  222.         f  Soe  Vol.  I.,  \\  23  fi.         J  See  Vol.  I.,  p.  254. 


VISIT   TO    VERMONT  —  ADDRESS.  139 

principles,  sentiments,  and  sympathies,  from  fountains  of  philos 
ophy  and  feeling  which  had  been  opened  early,  and  which  are 
yet  flowing  freely  here  in  Vermont.  Longer  than  I  can  recollect, 
my  hopes  for  my  country  and  mankind  have  had  their  anchor 
age  in  the  ever-widening  prevalence  of  those  maxims  of  politi 
cal  justice  and  equal  liberty  which  have  been  always  maintained 
with  unyielding  constancy  in  this  state,  the  Tyrol  of  America. 
I  have  wondered  often,  when  such  memories  as  these  have  come 
over  me,  that  although  I  had  not  been  quite  unused  to  travel, 
and  had  lived  always  near,  yet  I  was  nevertheless  a  stranger  in 
Vermont.  Long-delayed  wishes  of  mine  are  now  gratified.  I 
am  at  last  in  Vermont.  I  pay  to  her  mountains  the  homage 
which  the  sublime  in  nature  exacts ;  and  to  her  mountaineers  I 
confess  that  my  motive  in  coming  was  not  so  much  to  instruct 
them  as  to  seek  their  personal  acquaintance,  and  to  thank  them 
for  precious  and  cherished  instructions  which  they  have  long 
since  imparted  to  me. 

"  These,  then,  are  '  the  grants'  sold  by  New  Hampshire  with 
out  title,  and  won  by  force  from  New  York  when  she  perverted 
"title  to  purposes  of  oppression.  In  lime  and  marble  they  are 
rich,  and  in  forest-growth  and  in  pasturage,  at  least,  they  are 
fertile  ;  and  the  vigorous  play  of  the  elastic  air  upon  lungs  which 
had  become  languid  under  southern  skies,  assures  me  that  they 
are  as  healthful  as  they  are  romantic  and  beautiful.  Neverthe 
less,  it  must  have  been  no  easy  task  that  the  settler  performed 
here  when  he  removed  the  sturdy  trees  and  massive  rocks,  and 
opened  the  dank  and  festering  soil  to  the  light  and  heat  of  the 
morning  sun.  It  was  no  common  bravery  that  kept  the  savage 
Indian  at  bay  while  exterminating  the  wolf  and  the  panther; 
and  no  common  heroism  that,  while  engaged  in  the  foremost 
ranks  of  the  Revolution  for  the  deliverance  of  New  York  and 
the  other  colonies  from  British  power,  effected  a  revolution  also 
against  New  York,  and  established  the  independence  of  Vermont 
herself.  I  think,  indeed,  that,  at  this  day,  men  as  hardy,  brave, 
and  heroic,  as  ETHAN  ALLEN  and  his  followers — if  there  be 
such — would  pass  by  regions  as  rugged  and  wild  as  of  old  these 
must  have  been,  to  find,  with  less  fatigue  and  danger,  easier 
and  more  attractive  homes  on  the  Mississippi  prairies,  or  on  the 
golden  terraces  of  California  and  Oregon. 


140  VISIT   TO   CANADA. 

"  Certainly  the  descendants  have  carried  on  with  perseverance 
and  success  the  enterprise  their  ancestors  so  bravely  began. 
Their  fields  are  clean,  and  a  stiff  stubble  shows  that  they  have 
been  covered  well  with  grain  ;  their  pasturages  carefully  drained, 
and  trodden  by  sheep,  horses,  and  cattle  —  than  which  I  am 
sure  there  are  none  better ;  their  villages  embellished  with  gar 
dens,  and  crowned  with  schools  and  colleges ;  and  their  states 
men  discharging  Useful  and  honorable  functions  in  ttye  national 
councils  and  in  foreign  courts.  I  can  not,  indeed,  suppress 
repining  regret  that  so  fair  a  portion  of  my  native  state  was  lost 
for  ever  by  the  obstinate  persistence  of  her  authorities  in  claims 
which,  although  based  on  royal  constitutions,  were  without  neces 
sary  foundation  in  equity.  Nevertheless,  looking  upon  the 
scenes  that  stretch  out  before  me,  as  we  may  suppose  an  Eng 
lishman,  who  loves  his  native  land  well,  but  loves  freedom  and 
humanity  still  better,  may  look  upon  the  growing  greatness  and 
spreading  dominion  of  our  common  country,  I  say  again,  with 
cheerfulness  and  enthusiasm,  hail  to  Vermont !  Her  indepen 
dence  was  justly  and  bravely  won.  She  has  chosen  a  peaceful 
and  beneficent  mission,  and  she  fulfills  it  faithfully  and  gen-" 
erously.  May  her  prosperity  continue,  and  her  glory  increase 
for  ever  !"* 

After  a  pleasant  sojourn  of  several  days  in  Vermont, 
receiving  many  manifestations  of  courtesy  and  respect  in 
various  parts  of  the  state,  Mr.  Seward  extended  his  journey 
to  Montreal  and  Quebec.  The  provincial  parliament  was 
then  in  session  at  Quebec  ;  and  he  was  entertained  by  its 
members,  as  well  as  by  the  governor-general  (Lord  Elgin) 
and  other  authorities,  in  a  manner  which  evinced  a  high 
consideration  for  him  as  a  statesman,  and  the  most  frater 
nal  feelings  toward  the  country  of  which  he  was  regarded 
as  a  representative. 

*  See  Vol.  Ill,  p.  176. 


THE   EXTENSION    OF   SLAVERY.  141 


CHAPTER   XIX. 

THE  PRESIDENTIAL  ELECTION  OP  1852 THE  SLAVERY  CON 
TEST  OF  1850 DEATH  OF  PRESIDENT  TAYLOR HIS  SUC 
CESSOR OVERTHROW  OF  THE  WHIG  PARTY CAUSES 

RESULTS,    ETC. 

THE  presidential  election  of  1852  is  yet  so  recent,  that 
its  incidents  can  be  recalled  without  difficulty.  The  suc 
cess  of  the  whig  party  in  the  free  states,  during  the  contest 
of  1848,  was  promoted  by  the  assurance  that  it  would  pre 
vent  the  introduction  of  slavery  into  the  new  territories, 
where  it  was  already  prohibited  by  the  Mexican  laws.  The 
representatives  of  the  free  states  in  Congress  were  under 
stood  to  be  pledged  to  that  wise  and  beneficent  policy.  It 
was  assumed  that  the  new  president  would  not  interpose 
the  executive  veto,  should  that  policy  be  adopted.  Mr. 
Seward  was  committed  in  its  favor,  both  by  the  circum 
stances  of  his  election,  and  the  well-known  tenor  of  his 
political  life.  On  the  meeting  of  Congress  in  December, 
1849,  several  whig  members  from  the  South  apprehended 
the  adoption  of  that  policy,  and  refused  to  unite  with  their 
northern  brethren  in  the  choice  of  a  speaker.  After  delay 
ing  the  organization  of  the  house  for  a  number  of  weeks, 
they  finally  joined  with  their  political  opponents,  and 
elected  a  democratic  speaker  from  one  of  the  slaveholding 
states.  As  soon  as  the  house  was  organized,  the  southern 
party  demanded  the  establishment  of  the  new  territories, 
without  any  condition  as  to  the  introduction  of  slavery. 
The  representatives  of  the  free  states  earnestly  protested 
against  this  course.  Mr.  Seward  took  an  active  part  in 
the  opposition.  Faithful  to  their  convictions,  they  insisted 
on  the  insertion  of  the  Wilmot  proviso  (which  was  identical 


142  CLAY,    WEBSTER,    AND    CASS. 

in  its  spirit  with  Mr.  Jefferson's  proviso  in  the  ordinance 
of  1787)  in  any  act  ordaining  the  government  of  the  terri 
tories.  The  president  took  a  middle  ground  in  his  message 
to  Congress.  He  recommended  that  the  territories  should 
be  left,  without  any  preliminary  organization,  under  the 
existing  Mexican  laws,  until  they  should  have  obtained  the 
requisite  population  to  form  voluntary  constitutions,  and 
apply  for  admission  as  states  of  the  Union.  California  and 
New  Mexico  were  already  taking  measures  for  this  purpose. 
The  recommendation  of  the  president  was  condemned  by 
the  slave  states,  while  it  met  the  approval  of  the  friends 
of  freedom.  At  an  early  period  it  was  opposed  by  Mr. 
Clay.  After  great  reserve  and  deliberation,  Mr.  Webster 
subsequently  declared  his  hostility  to  the  proposed  meas 
ure.  Mr.  Seward,  who  upheld  the  recommendation,  thus 
became  the  leader  of  the  administration  party  in  both 
houses  of  Congress.  The  antagonists  of  slavery  with  whom 
he  co-operated,  though  a  minority  in  the  senate,  had  a 
decided  majority  in  the  house  of  representatives.  Each 
branch  of  Congress  became  the  scene  of  vehement  debate. 
The  slaveholding  party  indulged  in  such  violent  and  inflam 
matory  language  as  to  threaten  the  derangement  of  public 
business,  and  even  the  disorganization  of  Congress.  This 
party  was  sustained  by  the  Nashville  convention — a  body 
of  southern  delegates  assembled  for  the  purpose  of  adopt 
ing  measures  for  the  secession  of  the  slave  states  from  the 
Union.  But  neither  President  Taylor  nor  Mr.  Seward  was 
intimidated  by  these  proceedings.  They  both  persisted  in 
the  course,  which  was  sanctioned  alike  by  judgment  and 
conscience.  Mr.  Clay,  on  the  other  hand,  believed  that 
the  existence  of  the  Union  was  at  stake.  Sustained  by 
Mr.  Webster,  he  consented  to  adopt  the  non-intervention 
policy,  the  avowal  of  which  by  General  Cass  had  made  him 
the  candidate  of  the  democratic  party  in  the  late  presiden 
tial  election.  He  now  brought  forward  his  famous  com 
promise  scheme,  and  urged  its  adoption  with  all  the  force 


COMPROMISE   OF    1850.  143 

of  his  glowing  and  persuasive  eloquence.  Appealing  to 
the  sentiment  of  patriotism,  to  the  prevailing  attachment  to 
the  Union,  and  to  the  love  of  peace,  he  represented  the 
acceptance  of  his  measures  as  essential  to  the  final  settle 
ment  of  the  issues  which  had  grown  out  of  the  existence  of 
slavery  in  the  United  States.  Mr.  Clay's  views  were  sus 
tained  by  the  leading  advocates  of  slavery  in  Congress. 
For  the  most  part,  these  belonged  to  the  democratic  party. 
They  were  pledged  to  insist  on  a  Congressional  declaration 
of  the  right  of  slaveholders  to  carry  their  slaves  into  any 
of  the  territories  of  the  United  States.  But  the  compro 
mise  was  opposed  by  most  of  the  representatives  of  the 
free  states,  who  were  determined  to  make  no  further  con 
cessions  besides  those  involved  in  the  position  taken  by 
President  Taylor.  The  whigs  of  the  slave  states,  on  the 
other  hand,  gave  it  their  hearty  support.  It  was  defended 
also  by  the  more  especial  friends  of  Mr.  Clay  and  Mr.  Web 
ster,  among  the  whigs  of  the  North,  as  well  as  by  a  large 
portion  of  the  democratic  party  in  the  free  states.  The 
more  conservative  classes  in  the  great  northern  cities  were 
induced  to  give  it  their  support,  through  fear  of  the  loss 
of  southern  trade  and  patronage,  and  a  growing  discontent 
with  the  policy  of  the  new  administration.  The  friends  of 
the  compromise  endeavored  to  arouse  the  fears  of  the  peo 
ple,  by  showing  the  danger  of  a  dissolution  of  the  Union, 
which  was  threatened,  as  they  alleged,  by  the  policy  of 
President  Taylor.  Mr.  Seward,  of  course,  was  denounced 
as  a  desperate  and  dangerous  agitator.  His  resistance  to 
the  compromise  was  represented  as  a  contumacy.  He  was 
accused  of  wishing  to  obtain  personal  aggrandizement,  even 
upon  the  ruins  of  the  constitution  and  the  wreck  of  the 
Union.  These  reproaches  were  not  without  effect.  They 
produced  a  partial  division  of  the  whig  party  in  the  free 
states,  and  awakened  a  prejudice  in  many  quarters  against 
the  name  of  Mr.  Seward.  But  he  was  not  shaken  from 
his  steadfastness.  With  admirable  firmness  and  self-pos- 


144  THE   FUGITIVE-SLAVE   BILL. 

session,  ho  nobly  resisted  the  current  of  popular  agitation 
and  Congressional  excitement.  The  dignity  of  his  bearing 
and  the  wisdom  of  his  counsels,  during  this  stormy  period, 
receive  ample  illustration  from  his  published  "  Works,"  as 
well  as  from  many  pages  of  the  present  volume. 

The  first  applicant  for  admission  into  the  Union  was 
California,  which  had  adopted  a  free  constitution  in  a  gen 
eral  convention.  The  friends  of  the  compromise  refused 
to  grant  her  demand,  except  on  certain  stringent  conditions. 
They  insisted  that  Congress  should  waive  a  similar  prohi 
bition  of  slavery  in  organizing  the  territories  of  Utah  and 
New  Mexico,  and  at  the  same  time  enact  a  new  and  offen 
sive  law  for  the  capture  of  fugitive  slaves  in  the  free  states. 
Mr.  Seward  demanded  the  admission  of  California,  without 
condition  and  without  qualification,  leaving  other  subjects 
to  distinct  and  independent  legislation.  No  fair-minded 
man,  it  would  seem,  could  doubt  the  wisdom  or  justice  of 
such  a  course.  The  partisans  of  the  compromise  contended 
that  Utah  and  New  Mexico  should  be  organized,  without  a 
prohibition  of  slavery,  at  the  very  moment  when  the  latter 
was  known  to  have  adopted  a  free  constitution,  and  to  have 
chosen  representatives  to  demand  admission  into  the  Union. 
On  this  question,  Mr.  Seward  maintained  that  New  Mexico 
should  either  be  admitted  into  the  Union  as  a  free  state,  or 
left  to  enjoy  the  protection  from  slavery  afforded  by  the 
existing  Mexican  laws. 

The  fugitive-slave  law,  which  was  proposed  as  a  con 
dition  of  the  admission  of  California,  met  with  a  determined 
opponent  in  Mr.  Seward,  from  the  first.  He  clearly  fore 
saw  the  impolicy,  as  well  as  the  cruelty  of  the  contemplated 
measure.  He  argued  with  no  less  humanity  than  good 
faith,  that  no  public  exigency  required  a  new  law  on  the 
subject — that  the  bill  in  question  was  as  unconstitutional  as 
it  was  repugnant  to  every  just  sentiment — and  that  the 
principles  and  habits  of  the  northern  people  would  place 
every  obstacle  in  the  way  of  its  execution.  Admitting  the 


DEATH    OF   PRESIDENT   TAYLOR.  145 

justice  of  these  views,  the  compromisers  demanded  that 
they  should  be  set  aside,  lest  the  determination  of  the  slave 
holders  should  lead  to  a  dissolution  of  the  Union.  Mr. 
Seward  was  incapable  of  yielding  to  such  unworthy  terrors. 
He  constantly  passed  them  by,  as  too  trivial  for  serious 
notice.  At  the  same  time,  he  urgently  pointed  out  the 
danger  of  quailing  before  the  threats  of  the  South.  Know 
ing  the  dispositions  engendered  by  slavery,  he  insisted  that 
any  craven  truckling  on  the  part  of  the  free  states,  would 
lead  to  unbounded  aggressions  by  the  slave  power  in  the 
future.  With  prophetic  sagacity,  he  was  enabled  to  cast 
the  horoscope  of  coming  ills,  which  have  since  been  realized 
in  the  legislation  concerning  Kansas  and  Nebraska. 

The  compromisers  regarded  their  measures  as  essential 
to  the  suppression  of  the  slavery  agitation  in  the  national 
councils,  and  to  the  permanent  tranquillity  of  the  Union. 
Mr.  Seward  maintained  precisely  the  opposite  views.  He 
insisted  that  the  extension  of  slavery  was  too  great  a  price 
to  pay  even  for  the  attainment  of  peace — that  a  peace  pur 
chased  on  such  terms,  would  be  only  a  hollow  truce — that 
it  would  soon  be  disturbed  by  new  and  deeper- agitations  — 
that  freedom  and  slavery  were  essentially  antagonistic  in 
their  nature  —  and  that  no  reconciliation  could  be  effectual, 
until  the  latter  should  abandon  its  pretensions  to  new  terri 
tories,  and  new  conquests.  The  soundness  of  Mr.  Seward's 
opinions  have  been  confirmed  by  subsequent  events.  The 
exciting  congressional  discussion  of  the  subject  continued 
for  several  months.  Its  effect  was  favorable  to  the  policy 
of  President  Taylor  and  Mr.  Seward.  It  promised  to  guar 
anty  the  establishment  of  free  institutions,  unvitiated  by 
the  presence  of  slavery,  to  the  vast  possessions  between  the 
organized  states  and  the  Pacific  ocean. 

An  unforeseen  casualty  changed  the  fortunes  of  the  con 
flict.  President  Taylor  died  in  the  month  of  July,  1850,  and 
by  the  terms  of  the  constitution,  Millard  Fillmore,  the  vice- 
president,  was  advanced  to  the  executive  chair  of  the 

7 


146  PRESIDENT  FILLMORE'S  COURSE. 

United  States.  A  citizen  of  the  state  of  New  York,  he  had 
already  exhibited  symptoms  of  jealousy,  in  regard  to  the 
influence  of  Mr.  Seward — a  feeling  which  was  shared  by 
many  of  his  friends.  At  the  same  time,  he  was  understood 
to  concur  with  Mr.  Seward  in  the  general  principles  of 
policy,  which  had  guided  the  course  of  the  latter  on  the 
slavery  question.  Mr.  Seward  advised  the  new  president 
to  retain  the  cabinet  of  General  Taylor,  and  endeavor  to 
carry  out  his  views.  But  this  course  was  in  direct  opposi 
tion  to  the  plan  of  the  compromisers.  They  urged  the  im 
portance  of  abandoning  the  policy  hitherto  pursued,  and  of 
appointing  a  cabinet  committed  to  their  own.  Mr.  Fill- 
more  accepted  their  advice.  His  administration  was,  in 
reality,  founded  on  the  principles  of  the  party,  which  his 
election  had  defeated.  Of  course,  it  relied  for  support  on 
a  coalition  between  the  members  of  that  party,  and  so  many 
of  his  own,  as  could  be  gained  to  his  views.  Soon  after 
this  change  in  the  executive,  many  of  the  opponents  of  the 
compromise  fell  off  from  the  side  of  Mr.  Seward,  while 
others  attempted  to  steer  a  middle  course,  expressing 
themselves  in  language  of  moderation,  or  preserving  a  total 
silence.  Although  the  compromise  bill  itself  was  defeated, 
the  measures  which  it  embodied  were  submitted  to  a  sepa 
rate  discussion  and  successively  passed.  The  whigs  of  the 
free  states  were  thrown  into  perplexity  by  this  sudden 
change.  The  coalition  demanded  the  acceptance  of  the 
compromise  as  the  final  adjustment  of  the  slavery  contro 
versy.  No  favors  were  to  be  expected  from  the  adminis 
tration  by  those  who  failed  to  comply  with  the  terms.  A 
refusal  was  deemed  sufficient  evidence  of  disloyalty  to  the 
government,  and  of  hostility  to  the  Union.  But  Mr.  Sew 
ard  was  not  influenced  by  the  motives  thus  held  out.  His 
opposition  to  the  compromise  measures  was  unabated.  He 
gave  no  heed  to  the  denunciations  of  power.  For  the  pres 
ent,  the  vital  question  had  been  settled  in  Congress.  It 
had  now  passed  over  to  the  tribunal  of  the  country.  In 


THE   BALTIMORE   CONVENTIONS.  147 

fact,  it  waited  the  judgment  of  the  civilized  world.  Mr. 
Seward  was  unwilling  to  expose  himself  for  a  moment  to 
the  danger  of  misapprehension.  He  neglected  no  proper 
occasion  to  declare  his  adherence  to  the  convictions  and 
principles  which  he  had  expressed  throughout  the  congres 
sional  debates ;  although  he  declined  to  engage  in  any  de 
fence  or  explanation  of  his  course  amid  the  excitement  of 
popular  assemblies. 

The  question  of  slavery,  in  its  comprehensive  bearings, 
formed  the  turning  point  in  the  presidential  canvass  of 
1852,  which  resulted  as  will  be  seen  in  the  election  of  Mr. 
Pierce,  and  at  a  subsequent  period,  in  the  abrogation  of 
the  Missouri  Compromise,  and  the  enactment  of  the  Kansas 
and  Nebraska  bill. 

The  national  democratic  convention,  held  in  Baltimore, 
June  1,  1852,  unanimously  adopted  a  platform,  approving 
the  compromise  of  1850,  as  the  final  decision  of  the  slavery 
question.  After  a  vehement  'and  protracted  struggle  be 
tween  the  friends  of  prominent  candidates,  Franklin  Pierce, 
of  New  Hampshire,  who  had  hitherto  not  been  placed  in 
the  ranks  of  competitors,  was  nominated  for  president. 

The  whig  party  were  widely  divided  on  the  question  of 
acquiescence  in  the  compromise  measures.  They  were  still 
more  at  variance  in  regard  to  the  claims  of  rival  candidates 
for  the  presidency.  Mr.  Seward's  friends  in  the  free  states, 
united  in  the  support  of  General  Scott,  who  had,  to  a  consider 
able  extent,  stood  aloof  from  the  agitations  of  the  last  few 
years.  Although,  as  it  was  understood,  General  Scott  ap 
proved  of  the  compromise  measures,  as  acts  of  political 
necessity,  he  was  supposed  to  have  no  wish  to  use  them  as 
a  political  test.  On  the  other  hand,  the  exclusive  support 
ers  of  the  compromise  as  a  condition  of  party  allegiance, 
were  divided  between  Millard  Fillmore,  at  that  time  the 
acting  president,  and  Daniel  Webster,  secretary  of  state, 
as  candidates  for  the  executive  office.  The  Whig  conven 
tion  met  in  Baltimore  on  the  17th  of  June.  A  large  ma- 


148  THE    PRESIDENTIAL    CANVASS. 

jority  of  the  delegates  from  New  York,  and  a  considerable 
number  from  other  states,  maintained  their  opposition  to 
the  test  resolutions  proposed  by  the  other  branch  of  the 
party.  Those  resolutions,  however,  were  adopted  by  a 
decisive  majority.  They  were  voted  for  by  many  who  may 
be  presumed  to  have  been  convinced  of  their  importance, 
while  others  doubtless  were  influenced  by  fears  of  a  disrup 
tion  of  the  party.  A  platform  was  thus  established,  resem 
bling,  in  its  main  features,  that  of  the  democrats.  Sup 
ported  by  several  advocates  of  the  new  platform,  on  the 
ground  of  his  personal  popularity,  General  Scott  received 
the  nomination.  He  was,  however,  regarded  with  suspicion 
by  a  great  number  of  whigs  in  the  slave-holding  states.  It 
was  feared,  that  if  lie  was  elected  to  the  presidency,  Mr. 
Seward  would  be  called  to  the  office  of  secretary  of  state, 
and  thus  exert  a  leading  influence  on  the  administration. 
General  Scott  lost  no  time  in  attempting  to  remove  these 
prejudices.  In  announcing  his  acceptance  of  the  nomina 
tion,  he  promptly  declared  his  adhesion  to  the  principles 
of  the  platform,  adopted  by  the  party.  At  the  instance  of 
the  friends  of  the  candidate,  Mr.  Seward  disclaimed  all 
personal  interest  in  the  election  of  General  Scott.  With 
his  characteristic  frankness  and  fidelity  to  political  associ 
ates,  he  publicly  announced  his  determination  to  accept  no 
office  at  the  hands  of  the  president,  in  case  of  General 
Scott's  success.  This  had  hitherto  been  his  course,  and  it 
would  not  be  changed  under  a  future  administration.* 

The  democratic  party,  forgetting  its  past  divisions,  at 
least,  for  the  moment,  supported  Mr.  Pierce  with  unanim 
ity  and  zeal.  On  the  contrary,  Mr.  Webster  was  nomina 
ted  by  a  portion  of  the  whig  party,  and  died  not  only  refu 
sing  to  decline  the  nomination  but  openly  avowing  his  dis 
gust  with  the  action  of  the  party.  Many  ardent  friends  of 
the  compromise  refused  to  rally  around  General  Scott,  dis 
trusting  his  fidelity  to  the  platform  ;  while  a  large  number 

*  See  Vol.  III.,  p.  416. 


DEFEAT  OP  GENERAL  SCOTT.  149 

of  whigs  in  the  free  states,  through  aversion  to  the  plat 
form,  assumed  a  neutral  position,  or  gave  their  support  to 
a  third  candidate.  Mr.  Scward  and  his  friends  could  not 
so  far  belie  their  convictions,  as  to  approve  the  principles 
of  the  platform,  but  yielded  their  aid  to  General  Scott,  in 
the  manner,  which,  in  their  opinion,  was  best  adapted  to 
secure  his  election.  The  result,  however,  was  what  might 
have  been  foreseen.  The  democratic  nominees  received 
the  electoral  votes  of  twenty-six  out  of  the  thirty-one 
states.  The  loud  exultations  of  the  prevailing  party,  ay 
well  as  of  those  whigs,  who  had  sympathized  with  them  in 
the  canvass,  showed  their  belief,  that  in  the  defeat  of  Gen 
eral  Scott,  Mr.  Seward  was  not  only  overthrown,  but  polit 
ically  annihilated.  The  whig  party,  in  their  opinion,  was 
also  for  ever  destroyed.  Under  these  discouraging  auspices, 
Mr.  Seward  resumed  his  seat  in  the  senate,  at  the  second 
session  of  the  Thirty-Second  Congress,  in  December,  1852. 
But  neither  his  speeches  nor  his  public  conduct,  wore  col 
ored  by  the  remembrance  of  the  recent  struggle.  No  traces 
of  disappointment  were  visible  in  his  bearing,  and  he  at 
once  devoted  himself  to  the  business  of  the  session  with  the 
same  calmness  and  assiduity  which  had  always  marked  M? 
congressional  career. 


150  SPEECHES   IN   THE   SENATE,   CONTINUED. 


CHAPTER   XX. 

XXXIld     CONGRESS,    SECOND    SESSION,     1852-'53 —  SPEECHES  — 

JOHN    QUINCY   ADAMS CUBA PACIFIC    RAILROAD TAR- 

I FF TEXAS ORATIONS JAMES   TALLM ADGE. 

THE  speeches  of  Mr.  Seward  in  the  senate  during  the  sec 
ond  session  of  the  thirty-second  Congress  were  on  questions 
of  great  practical  interest.  In  his  remarks  in  the  debate  on 
"Continental  Rights  and  Relations,"  Jan.  26, 1852, he  pays 
a  graceful  and  feeling  tribute  to  the  character  of  John  Quincy 
Adams,  whom  he  claims  as  the  author  of  the  policy  on  recol- 
onization  generally  ascribed  to  President  Monroe.  Passing 
to  the  discussion  of  the  policy  itself,  he  gives  his  reasons  for 
holding  to  its  substantial  truth,  while  he  protests  against 
the  manner  in  which  it  was  brought  in  issue  on  that  occa 
sion.  The  speech  is  gravely  and  forcibly  argued,  though 
not  without  incidental  touches  of  effective  satire.* 

We  quote  a  few  passages  relating  to  John  Quincy  Adams 
and  to  Cuba :  — 

"  MR.  PRESIDENT  :  On  the  23d  day  of  February,  1848,  John 
Quincy  Adams,  of  Massachusetts,  who  had  completed  a  circle 
of  public  service  filling  fifty  years,  beginning  with  an  inferior 
diplomatic  function,  passing  through  the  chief  magistracy,  and 
closing  with  the  trust  of  a  representative  in  Congress,  departed 
from  the  earth,  certainly  respected  by  mankind,  and,  if  all  post 
humous  honors  are  not  insincere  and  false,  deplored  by  his 
countrymen. 

"  On  a  fair  and  cloudless  day  in  the  month  of  June,  1850,  when 

the  loud  and  deep  voice  of  wailing  had  just  died  away  in  the 

land,  the  senator  from  Michigan,  of  New  England  born,  and  by 

New  England  reared  —  the  leader  of  a  great  party,  not  only 

*  Sec  Vol.  TIT.,  ix  005. 


JOHN   QUINCY   ADAMS.  151 

here,  but  in  the  whole  country — rose  in  the  senate-chamber,  and 
after  complaining*  that  a  member  of  the  family  of  that  great  states 
man  of  the  east,  instead  of  going  backward  with  a  garment  to  cover 
his  infirmities,  had  revealed  them  by  publishing  portions  of  his 
private  diary,  himself  proceeded  to  read  the  obnoxious  extracts. 
They  showed  the  author's  strong  opinions,  that  by  the  federal 
compact  the  slaveUolding  class  had  obtained,  and  they  had  exer 
cised,  a  controlling  influence  in  the  government  of  the  country. 

"  Placing  these  extracts  by  the  side  of  passages  taken  from 
the  Farewell  Address  of  Washington,  the  senator  from  Michigan 
said  :  *  He  is  unworthy  the  name  of  an  American  who  does  not 
feel  at  his  heart's  core  the  difference  between  the  lofty  patriot 
ism  and  noble  sentiments  of  one  of  these  documents,  and 

but  I  will  not  say  what  the  occasion  would  justify.  I  will  only 
say,  and  that  is  enough,  the  oilier,  for  it  is  another! — 'It  can 
not,  nor  will  it,  nor  should  it,  escape  the  censure  of  an  age  like 
this.'  —  'Better  that  it  had  been  entombed,  like  the  ancient 
Egyptian  records,  till  its  language  was  lost,  than  thus  to  have 
been  exposed  to  the  light  of  day.' 

"  The  senator  then  proceeded  to  set  forth,  by  contrast,  his 
own  greater  justice  and  generosity  to  the  southern  states,  and 
his  own  higher  fidelity  to  the  Union.  This  was  in  the  senate 
of  the  United  States.  And  yet  no  one  rose  to  vindicate  the 
memory  of  John  Quincy  Adams,  or  to  express  an  emotion  even 
bf  surprise,  or  of  regret,  that  it  had  been  thought  necessary  thus 
to  invade  the  sanctity  of  the  honored  grave  where  the  illustrious 
statesman,  who  had  so  recently  passed  the  gates  of  death,  was 
sleeping.  I  was  not  of  New  England,  by  residence,  education, 
or  descent,  and  there  were  reasons  enough  why  I  should  then 
endure  in  silence  a  pain  that  I  shared  with  so  many  of  my  coun 
trymen.  But  I  determined  that,  when  the  tempest  of  popular 
passion  that  was  then  raging  in  the  country  should  have  passed 
by,  I  would  claim  a  hearing  here — not  to  defend  or  vindicate 
the  sentiments  which  the  senator  from  Michigan  had  thus  se 
verely  censured,  for  Mr.  Adams  himself  had  referred  them, 
together  with  all  his  actions  and  opinions  concerning  slavery — 
not  to  this  tribunal,  or  even  to  the  present  time,  but  to  that  after- 
age  which  gathers  and  records  the  impartial  and  ultimate  judg 
ment  of  mankind — but  to  show  how  just  and  generous  he  had 


152  THE   MONROE   DOCTRINE. 

been  in  his  public  career  toward  all  the  members  of  this  confed 
eracy,  and  how  devoted  to  the  union  of  the  states,  and  to  the 
aggrandizement  of  this  republic.  I  am  thankful  that  the  neces 
sity  for  performing  that  duty  has  passed  by,  and  that  the 
statesman  of  Quincy  has,  earlier  than  I  hoped,  received  his  vin 
dication,  and  has  received  it,  too,  at  the  hands  of  him  from  whom 
It  was  justly  due  —  the  accuser  himself.  I  regret  only  this — that 
the  vindication  was  not  as  generously  as  it  was  effectually  made. 

"  There  are  two  propositions  arising  out  of  our  interests  in  and 
around  the  gulf  of  Mexico,  which  are  admitted  by  all  our  states 
men.  One  of  them  is,  that  the  safety  of  the  southern  states 
requires  a  watchful  jealousy  of  the  presence  of  European  pow 
ers  in  the  southern  portions  of  the  North- American  continent ; 
and  the  other  is,  that  the  tendency  of  commercial  and  political 
events  invites  the  United  States  to  assume  and  exercise  a  para 
mount  influence  in  the  affairs  of  the  nations  situated  in  this 
hemisphere  ;  that  is,  to  become  and  remain  a  great  western  con 
tinental  power,  balancing  itself  against  the  possible  combina 
tions  of  Europe.  The  advance  of  the  country  toward  that 
position  constitutes  what,  in  the  language  of  many,  is  called 
'  progress  ;'  and  the  position  itself  is  what,  by  the  same  class,  is 
called  '  manifest  destiny.'  It  is  held  by  all  who  approve  that 
progress,  and  expect  that  destiny,  to  be  necessary  to  prevent 
the  recolonization  of  this  continent  by  the  European  states,  and 
to  save  the  island  of  Cuba  from  passing  out  of  the  possession  of 
decayed  Spain,  into  that  of  any  of  the  more  vigorous  maritime 
powers  of  the  old  world. 

"In  December,  1823,  James  Monroe,  president  of  the  United 
States,  in  his  annual  message  to  Congress,  proclaimed  the  first 
of  these  two  policies  substantially  as  follows:  'The  American 
continents,  by  the  free  and  independent  condition  which  they 
have  assumed  and  maintain,  are  henceforth  not  to  be  considered 
as  subjects  for  future  colonization  by  any  European  power ;  and 
while  existing  rights  should  be  respected,  the  safety  and  interest 
of  the  United  States  require  them  to  announce  that  no  future 
colony  or  dominion  shall,  with  their  consent,  be  planted  or  estab 
lished  in  any  part  of  the  North  American  continent.'  This  is 
what  is  called,  here  and  elsewhere,  the  Monroe  doctrine,  so  far 
as  it  involves  recolonization. 


JOHN   QUIXCY   ADAMS.  153 

"  John  Quincy  Adams  and  John  C.  Calhoun  were  then  mombers, 
chief  members,  of  Monroe's  administration.  John  Quincy  Adams 
afterward  acknowledged  that  he  was  the  author  of  that  doctrine 
or  policy;  and  John  C.  Calhoun,  on  the  15th  of  May,  1848,  in 
the  senate,  testified  on  that  point  fully.  A  senator  had  related 
an  alleged  conversation,  in  which  Mr.  Adams  was  represented 
as  having  said  that  three  memorable  propositions  contained  in 
that  message,  of  which  what  I  have  quoted  was  one,  had  origi 
nated  with  himself.  Mr.  Calhoun  replied,  that  '  Mr.  Adams,  if 
he  had  so  stated,  must  have  referred  to  only  the  one  proposition 
concerning  re-colonization  [the  one  now  in  question]'  and  then 
added  as  follows  :  '  As  respects  that,  his  [Mr.  Adams's]  memory 

does  not  differ  from  mine It  originated  entirely  with 

Mr.  Adams.'* 

"  Thus  much  for  the  origin  of  the  Monroe  doctrine  on  recoloni- 
zation.  Now,  let  us  turn  to  the  position  of  John  Quincy  Adams, 
concerning  national  jealousy  of  the  designs  of  European  powers 
upon  the  island  of  Cuba.  The  recent  revelations  of  our  diplo 
macy  on  that  subject  begin  with  the  period  when  that  statesman 
presided  in  the  department  of  state.  On  the  17th  of  December, 
1822,  Mr.  Adams  informed  Mr.  Forsyth,  then  American  minister 
in  Spain,  that  '  the  island  of  Cuba  had  excited  much  attention, 
and  had  become  of  deep  interest  to  the  American  Union ;'  and, 
referring  to  reported  rival  designs  of  France  and  Great  Britain 
upon  that  island,  instructed  him  to  make  known  to  Spain  '  the 
sentiments  of  the  United  States,  which  were  favorable  to  the 
continuance  of  Cuba  in  its  connection  with  Spain.'  On  the  28th 
of  April,  1823,  Mr.  Adams  thus  instructed  Mr.  Nelson,  the  suc 
cessor  of  Mr.  Forsyth  :  — 

"'The  islands  of  Cuba  and  Porto-Rico  slill  remain,  nominally,  and  so  far 
really  dependent  upon  Spain,  that  she  yet  possesses  the  power  of  transfer 
ring  her  own  dominion  over  them  to  others.  These  islands,  from  their  local 
position,  are  natural  appendages  to  the  North  American  continent;  and  one 
of  them,  Cuba,  almost  in  sight  of  our  shores,  from  a  multitude  of  considers 
lions,  lias  become  an  object  of  transcendant  importance  to  the  commercial 
and  political  interests  of  our  Union.  Its  commanding  position,  with  refer 
ence  to  the  gulf  of  Mexico  and  the  West  India  seas;  the  character  of  its  pop 
ulation  ;  its  situation  midway  between  our  southern  coast  and  the  island 
of  St.  Domingo  ;  its  safe  and  capacious  harbor  of  the  Havana,  fronting  r. 

*  App.  Cong.  Globe,  1847-48,  p.  631. 
7* 


154  CUBA  —  SPAIN  —  ENGLAND. 

long  line  of  our  shores  destitute  of  the  same  advantage;  the  nature  of  its 
productions  and  of  its  wants,  furnishing  the  supplies  and  needing  the  re 
turns  of  a  commerce  immensely  profitable  and  mutually  beneficial — give  it 
an  importance  in  the  sum  of  our  national  interests  with  which  that  of  no 
other  foreign  territory  can  be  compared,  and  little  inferior  to  that  which 
binds  the  different  members  of  this  Union  together.  Such,  indeed,  are,  be 
tween  the  interests  of  that  island  and  of  this  country,  the  geographical,  com 
mercial,  moral,  and  political  relations,  formed  by  nature,  gathering  in  the 
process  of  time,  and  even  now  verging  to  maturity,  that,  in  looking  forward 
to  the  probable  course  of  events,  for  the  short  period  of  half  a  century,  it  is 
scarcely  possible  to  resist  the  conviction  that  the  annexation  of  Cuba  to  our 
federal  republic  will  be  indispensable  to  the  continuance  and  integrity  of 
the  Union  itself.  It  is  obvious,  however,  that  for  this  event  we  are  not  yet 
prepared.  Numerous  and  formidable  objections  to  the  extension  of  our  ter 
ritorial  dominions  beyond  sea,  present  themselves  to  the  first  contemplation 
of  the  subject;  obstacles  to  the  system  of  policy  by  which  alone  that  result 
can  be  compassed  and  maintained,  are  to  be  foreseen  and  surmounted,  both 
from  at  home  and  abroad ;  but  there  are  laws  of  political  as  well  as  of  phys 
ical  gravitation ;  and  if  an  apple,  severed  by  the  tempest  from  its  native 
tree,  can  not  choose  but  fall  to  the  ground,  Cuba,  forcibly  disjoined  from  its 
own  unnatural  connection  with  Spain,  and  incapable  of  self-support,  can 
gravitate  only  toward  the  North  American  union,  which,  by  the  same  law 
of  nature,  can  not  cast  her  off  from  its  bosom. 

"  'It  will  be  among  the  primary  objects  requiring  your  most  earnest  and 
unremitting  attention,  to  ascertain  and  report  to  us  every  movement  of  ne 
gotiation  between  Spain  and  Great  Britain  upon  this  subject So 

long  as  the  constitutional  government  may  continue  to  be  administered  in 
the  name  of  the  king,  your  official  intercourse  will  be  with  his  ministers, 
and  to  them  you  will  repeat,  what  Mr.  Forsylh  has  been  instructed  to  say, 
that  the  wishes  of  your  government  are  that  Cuba  and  Porto-Rico  may  con 
tinue  in  connection  with  independent  and  constitutional  Spain.' 

"  Thirty  years  afterward,  viz. :  on  the  4tli  day  of  January, 
1853,  the  senator  from  Michigan  (Mr.  Cass)  without  one  word 
of  acknowledgment  of  Mr.  Adams's  agency  in  instituting  those 
measures  of  '  progress'  toward  the  '  manifest  destiny'  of  the  coun 
try,  submitted  the  resolutions  which  are  under  consideration,  and 
which  are  in  these  words  :  — 

"'Resolved  by  the  Senate  and  Jlouse  of  Representatives  of  the  United 
States  of  America  in  Congress  amtemlled,  That  the  United  States  do  hereby 
declare,  that  "the  American  continents,  by  the  free  and  independent  condi 
tion  which  they  have  assumed  and  maintained,  are  henceforth  not  to  be 
considered  as  subjects  for  future  colonization  by  any  European  power;"  and 
while  "existing  rights  should  be  respected,"  and  will  be  by  the  United 
State?,  they  owe  it  to  their  own  "safety  and  Interests"  to  announce,  as  they 
now  do,  "that  no  future  European  colony  or  dominion  shall,  with  their  con- 


ACQUISITION   OF  CUBA.  155 

sent,  be  planted  or  established  on  any  part  of  the  North  American  conti 
nent;"  and  should  the  attempt  be  made,  they  thus  deliberately  declare  that 
it  will  be  viewed  as  an  act  originating  in  motives  regardless  of  their  "inter 
ests  and  their  safety,"  and  which  will  leave  them  free  to  adopt  such  meas 
ures  as  an  independent  nation  may  justly  adopt  in  defence  of  its  rights  and 
its  honor. 

"  '  And  be  it  further  resolved,  That  while  the  United  States  disclaim  any 
designs  upon  the  island  of  Cuba,  inconsistent  with  the  laws  of  nations,  and 
with  their  duties  to  Spain,  they  consider  it  due  to  the  vast  importance  of 
the  subject  to  make  known,  in  this  solemn  manner,  that  they  should  view 
all  efforts  on  the  part  of  any  other  power  to  procure  possession,  whether 
peaceably  or  forcibly,  of  that  island,  which,  as  i\  naval  or  military  position, 
might,  under  circumstances  easy  to  be  foreseen,  become  dangerous  to  their 
southern  coast,  to  the  gulf  of  Mexico,  and  to  the  mouth  of  the  Mississippi, 
as  unfriendly  acts  directed  against  them,  to  be  resisted  by  all  the  means  in 
their  power.' 

"  In  bringing  together  these  actions  of  John  Quincy  Adams 
in  1822,  and  of  the  senator  from  Michigan  in  1853,  and  placing 
them  in  juxtaposition  in  the  history  of  the  senate,  I  have  done 
all  that  the  senator  from  Michigan  seems  to  have  left  undone, 
to  vindicate  the  departed  statesman  from  the  censures  heaped 
upon  him  hy  the  living  one  in  1850." 

After  this  vindication  of  the  sage  of  Quincy,  Mr.  Seward 
availed  himself  of  the  opportunity  to  express  his  own  opin 
ions  on  the  g'reat  subjects  under  review.  In  regard  to  the 
acquisition  of  Cuba,  he  says  :  — 

"While  I  do  not  desire  the  immediate  or  early  annexation  of 
Cuba,  fior  see  how  I  could  vote  for  it  at  all  until  slavery  shall 
have  ceased  to  counteract  the  workings  of  nature  in  that  beauti 
ful  island,  nor  even  then,  unless  it  could  come  into  the  Union 
without  injustice  to  Spain,  without  aggressive  war,  and  without  pro 
ducing  internal  dissensions  among  ourselves,  I  nevertheless  yield 
my  full  assent  to  the  convictions  expressed  by  John  Quincy 
Adams,  that  this  nation  can  never  safely  allow  the  island  of 
Cuba  to  pass  under  the  dominion  of  any  power  that  is  already, 
or  can  become,  a  formidable  rival  or  enemy ;  and  can  not  safely 
consent  to  the  restoration  of  colonial  relations  between  any  por 
tions  of  this  continent  and  the  monarchies  of  Europe." 

In  February  the  important  question  of  our  "  Relations 
with  Mexico,  nnd  the  Continental  railroad,"  was  debated 


156  RAILROAD    IRON  —  SPEECH. 

in  the  senate.     The  speech  of  Mr.  Seward  on  that  sub 
ject  abounds  in  lucid  views  of  national  policy.* 

On  the  proposal  to  abolish  or  suspend  the  duty  on  for 
eign  railroad  iron,  Mr.  Seward  addressed  the  senate  in 
one  of  his  most  characteristic  speeches.!  In  this  speech 
we  find  the  following  warning  to  the  country  of  the  danger 
of  an  approaching  revulsion  in  railroad  affairs  no  less  just 
than,  as  it  now  appears,  prophetic  : — 

"  I  ask,  now,  what  is  the  apology  for  this  extraordinary  meas 
ure  1  It  is  that  it  will  encourage  the  making  of  railroads.  Sir, 
I  have  spent  my  life,  what  there  lias  been  of  it  spent  in  public 
action,  in  encouraging  the  making  of  canals  and  railroads.  I 
am  a  friend  to  canals  and  railroads ;  but  I  show  my  fidelity  to 
them  in  adhering  to  them  when  they  are  unpopular  and  need 
help,  and  support,  and  patronage,  and  not  when  they  have  pa 
tronage  so  great  as  to  be  alarming  for  its  effect,  not  only  upon 
enterprises  of  that  class,  but  upon  the  country  itself.  Do  you 
know  how  many  railroads  you  are  making  ?  Yon  are  making 
twelve  thousand  miles  of  railroads  in  the  United  States  already. 
You  are  making  them  so  fast,  that  you  do  not  rely  upon  your 
own  resources  for  making  them  at  all,  but  you  are  selling  the 
credit  of  individuals,  towns,  counties,  and  states,  throughout  the 
Union,  in  untold  amounts,  and  constituting  an  aggregate  debt 
greater  than  any  amount  which  any  man  ever  presumed  it  would 
be  safe  for  this  country  to  owe  to  foreign  countries.  Ydhr  rail 
roads  are  not  now  made  chiefly  by  subscriptions  to  their  stock. 
There  are  small  substratum  subscriptions,  then  mortgages  on 
the  road,  then  second  mortgages,  then  third  mortgages,  until 
the  credit  of  whole  communities  is  pledged,  and  pledged  to 
English  capitalists.  ' 

"  We  are  pledged  in  London  for  the  cost  of  nearly  all  our  rail 
roads.  Our  capital  is  being  diverted,  so  that  there  is  no  place 
in  the  United  States  where  there  is  not  a  railroad  being  made. 

"  There  are  already  half  a  dozen  railroads  from  the  point  of 
Lake  Erie  to  the  city  of  New  York,  all  converging  there,  be 
cause  railroads  have  become  popular  and  profitable.  So  it  is 

*  See  Vol.  TIT.,  p.  f>56.  f  See  Vol.  TIT.,  p.  623. 


RAILROADS  —  SPEECH.  157 

throughout  New  England  and  throughout  the  west.  Now  it  is 
not  possible  that  the  railroad  enterprise  in  this  country  can  ab 
sorb  capital  in  an  exclusive  degree  without  producing  an  injury, 
not  only  to  that  enterprise  and  those  subservient  to  it,  but  also 
injurious  to  other  enterprises  which  increase  the  vigor  and  pro 
mote  the  progress  of  the  country.  Does  any  man  doubt  it] 
What  did  we  do  ten  years  ago,  when  we  embarked  in  building 
canals  and  railroads  so  deeply,  and  pledged  our  credit  so  far, 
that  the  construction  of  every  canal  and  railroad  had  to  be  sus 
pended  ?  What  happened  in  England  on  a  like  occasion,  but 
that  a  great  railroad-king  projected  railroads  all  over  the  island  ; 
and  so  much  capital  was  invested  in  them,  that  all  at  once  the 
bubble  \vas  pricked,  and  the  Avhole  enterprise  collapsed,  bring 
ing  on  general  stagnation  and  bankruptcy  1  This  is  the  ten 
dency  of  things  here  now.  I  am  not  by  habit  a  croaker ;  but 
I  can  see  that,  unless  the  national  government  shall  act  so  as  to 
restrain  rather  than  encourage  and  stimulate  this  excessive  spirit 
of  speculation  in  railroad  investments,  just  such  a  collapse  will 
happen  here.  Railroads  do  not  need  protection  ;  iron  manufac 
turers  do  need  it.  Through  the  town  in  which  I  live,  and  the 
towns  adjacent,  the  people,  carried  away  by  railroad  enthusiasm, 
have  applied  to  the  legislature  for  permission  to  mortgage  their 
whole  property  for  the  making  of  railroads ;  and  yet  there  is 
not  one  railroad  which  they  are  thus  making,  in  which  foreign 
capitalists  Avill  invest  a  dollar,  except  they  have  collateral,  per 
sonal,  or  public  security.  But  you  will  tell  me  that  Congress 
has  not  encouraged  railroads.  Congress  has  already  encouraged 
railroads  by  donations  of  duties  on  foreign  railroad  iron  exceed 
ing  the  sum  of  three  millions  of  dollars.  Congress  has  already, 
with  almost  a  unanimous  vote  in  this  chamber,  given  to  every 
western  state  land  enough  from  the  public  domain — as  much  as 
they  said  was  necessary  —  to  construct  a  web  of  railroads  now 
in  progress  and  advancing  to  its  completion,  covering  over  the 
whole  of  the  territories  of  the  United  States  from  the  shores  of 
the  Atlantic  to  the  Mississippi  river,  and  even  crossing  that 
broad  line,  and  advancing  precisely  upon  the  same  system  and 
same  policy  toward  the  base  of  the  Rocky  mountains.  We 
have  done  enough,  unless  we  have  some  other  resources  —  some 
other  revenues  which  we  can  apply  to  this  great  and  beneficent 


158  ORATION  AT   COLUMBUS. 

enterprise  of  the  age ;  and  we  have  no  other,  if  the  only  other 
one  is  the  sacrifice  of  the  mining  interest  of  iron  in  the  old  Atlan 
tic  states.  Sir,  I  have  voted  land  by  the  square  league  across 
the  continent,  and  twenty  millions  of  dollars  out  of  the  public 
treasury  for  railroads.  I  will  not  vote  one  dollar  out  of  the  iron- 
mines  of  my  country,  at  the  cost  of  the  owner,  and  of  the  miner 
who  is  engaged  in  drawing  its  wealth  to  the  surface." 

This  was  followed  by  a  speech  on  "  Texas  and  her  Cred 
itors,"*  which  closes  the  list  of  Mr.  Seward's  senatorial 
efforts  during  that  Congress.  Both  of  these  speeches  are 
marked  by  the  admirable  union  of  statistics,  general  reason 
ing,  and  lofty  sentiments  of  which  the  texture  of  his  delib 
erative  eloquence  is  composed. 

After  an  extra  session  of  several  weeks  called  by  the 
new  administration  to  consider  executive  appointments, 
the  senate  adjourned  in  April,  1853.  Mr.  Seward  was 
occupied  during  the  summer  in  the  courts  of  the  United 
States,  but  he  found  time  to  accept  an  urgent  call  to  deliv 
er  an  address  at  the  dedication  of  Capital  University  at 
Columbus  the  seat  of  government  in  the  state  of  Ohio. 
This  address  rises  to  the  dignity  of  an  oration  and  pleads 
the  cause  of  human  nature  as  especially  committed  to  the 
care  of  the  people  of  the  United  States.  It  closes  with  an 
eloquent  showing  of  the  responsibilities,  in  this  respect,  of 
the  college  or  the  university  as  an  American  institution.! 

Mr.  Seward's  studies  during  the  recess  of  Congress  closed 
with  the  delivery  of  an  address  before  the  American  Insti 
tute  at  New  York  on  the  20th  of  October,  1853.  This 
address  was  a  stirring  appeal  to  the  American  people  to 
rise  to  a  higher  tone  of  individual  and  national  indepen 
dence,  in  thought,  sentiment,  and  action.  While  every 
part  of  it  was  received  with  distinguished  favor,  no  part 
was  more  just  or  more  highly  appreciated  than  the  follow 
ing  touching  tribute  to  the  memory  of  James  Tallmadge : — 

*  See  Vol.  III.,  p.  667. 

f  This  address  will  be  found  among  the  selections  in  this  volume. 


AMERICAN   INSTITUTE  —  ADDRESS.  159 

"  I  have  been  for  many  reasons  habitually  averse  from  min 
gling  in  the  sometimes  excited  debates  which  crowd  upon  each 
other  in  a  great  city.  There  was,  however,  an  authority  which 
I  could  not  disobey,  in  the  venerable  name  and  almost  paternal 
kindness  of  the  eminent  citizen,  who  so  recently  presided  here 
with  dignity  and  serenity  all  his  own  ;  and  who  transmitted  the 
invitation  of  the  Institute,  and  persuaded  its  acceptance ! 

"  How  sudden  his  death  !  Only  three  weeks  ago,  the  morn 
ing  mail  brought  to  me  his  announcement  of  his  arrival  to  ar 
range  this  exhibition,  and  his  summons  to  me  to  join  him  here ; 
and  the  evening  despatch,  on  the  self-same  day,  bore  the  pain 
ful  intelligence  that  the  lofty  genius  which  had  communed  with 
kindred  spirits  so  long,  on  the  interests  of  his  country,  had  de 
parted  from  the  earth,  and  that  the  majestic  form  which  had 
been  animated  by  it,  had  disappeared  for  ever  from  among  living 
men. 

"  I  had  disciplined  myself  when  coming  here,  so  as  to  purpose 
to  speak  no  word  for  the  cause  of  human  freedom,  lest  what 
might  seem  too  persistent  an  advocacy  might  offend.  But  must 
I,  therefore,  abridge  of  its  just  proportions  the  eulogium  which 
the  occasion  and  the  character  of  the  honored  dead  alike 
demand  ? 

"  The  first  ballot  which  I  cast  for  the  chief  magistracy  of  my 
native  and  most  beloved  state,  bore  the  name  of  James  Tall- 
madge,  as  the  alternate  of  De  Witt  Clinton.  If  I  have  never 
faltered  in  pursuing  the  policy  of  that  immortal  statesman, 
through  loud  reproach  and  vindictive  opposition  during  his  life, 
and  amid  clamors  and  contentions,  often  amounting  almost  to 
faction,  since  his  death,  I  have  found  as  little  occasion  to  hesi 
tate  or  waver  in  adhering  to  the  counsels  and  example  of  the 
illustrious  compeer,  who,  after  surviving  him  so  many  years,  has 
now  been  removed,  in  ripened  age,  to  the  companionship  of  the 
just.  How  does  not  time  vindicate  fidelity  to  truth  and  to  our 
country  !  A  vote  for  Clinton  and  Tallmadge  in  1824,  what 
censures  did  it  not  bring  then  ?  "Who  will  impeach  that  ballot 
now  ? 

"  A  statesman's  claim  to  the  gratitude  of  his  country  rests  on 
what  were,  or  what  would  have  been,  the  results  of  the  policy 
he  has  recommended.  If  the  counsels  of  James  Tallmadge  had 


160         EULOGIUM  ON  JAMES  TALLMADGE. 

completely  prevailed,  then  not  only  would  American  forests, 
mines,  soil,  invention,  and  industry,  have  rendered  our  country, 
now  and  for  ever,  independent  of  all  other  nations,  except  for 
what  climate  forbids  ;  but  then,  also,  no  menial  hand  would  ever 
have  guided  a  plough,  and  no  footstep  of  a  slave  would  ever 
have  been  tracked  on  the  soil  of  all  that  vast  part  of  our  national 
domain  that  stretches  away  from  the  banks  of  the  Mississippi  to 
the  far  western  ocean. 

"  This  was  the  policy  of  James  Tallmadge.  It  was  worthy 
of  New  York,  in  whose  name  it  was  promulgated.  It  would 
have  been  noble,  even  to  have  altogether  failed  in  establishing 
it.  He  was  successful,  however,  in  part,  though  only  through 
unwise  delays  and  unnecessary  compromises,  which  he  strenu 
ously  opposed,  and  which,  therefore,  have  not  impaired  his  just 
fame.  And  so  in  the  end,  he  more  nearly  than  any  other  citi 
zen  of  our  time,  realized  the  description  of  the  happiest  man  in 
the  world,  given  to  the  frivolous  Croasus  by  the  great  Athenian  : 
'  He  saw  his  offspring,  and  they  all  survived  him.  At  the  close 
of  an  honorable  and  prosperous  life,  on  the  field  of  civic  victory, 
he  was  rewarded  with  the  honors  of  a  public  funeral  by  the  state 
that  he  had  enriched,  adorned,  and  enlarged.'  " 


THE   NEW   ADMINISTRATION.  161 


CHAPTER   XXI. 

THE   XXXIIld    CONGRESS  —  NEBRASKA. 

UPON  the  accession  of  Mr.  Pierce  to  the  presidency,  high 
expectations  were  formed  of  great  and  beneficent  legisla 
tive  action  by  the  first  Congress  under  his  administration, 
which  met  on  the  first  Monday  in  December,  1853.  Among 
the  measures  which,  it  was  anticipated,  would  come  up  for 
consideration  were  the  modification  of  the  tariff,  so  as  to 
enlarge  the  field  of  national  industry  —  the  construction  of 
a  railroad  between  the  Atlantic  states  and  the  Pacific 
ocean — the  substitution  of  a  system  of  gratuitous  allot 
ments  of  land,  in  limited  quantities,  to  actual  settlers,  in 
stead  of  the  policy  of  sales  of  the  public  domain — the  im 
provement  and  reform  of  the  army  and  navy — the  regula 
tion  of  the  commercial  marine  in  regard  to  immigrant 
passengers  —  the  endowment  of  the  states  with  portions  of 
the  public  land,  as  a  provision  for  the  care  of  the  insane 
within  their  limits — the  establishment  of  steam-mails 
upon  the  Pacific  ocean  —  and  the  opening  of  political  and 
commercial  relations  with  Japan. 

Mr.  Seward  addressed  himself  to  the  accomplishment  of 
these  important  objects  with  his  accustomed  diligence  and 
zeal.  Early  in  the  session  he  introduced  a  bill  for  the  con 
struction  of  a  railroad  to  the  Pacific,  and  another  for  the 
establishment  of  steam-mails  between  San  Francisco,  the 
Sandwich  Islands,  Japan,  and  China.  The  times  seemed 
favorable  for  such  legislation.  The  public  treasury  was 
overflowing.  The  slavery  agitation  had  died  away  both  in 
Congress  and  throughout  the  country.  This  calm,  how- 


162  NEBRASKA  IN  THE  SENATE. 

ever,  was  doomed  to  a  sudden  interruption.  The  prospect 
of  such  extended  beneficent  legislation  was  destroyed  by 
the  introduction  of  a  measure,  which  at  once  supplanted  all 
other  subjects  in  Congress,  and  in  the  political  interest  of 
the  people.  This  was  the  novel  and  astounding  proposal 
of  Mr.  Douglas  of  Illinois,  in  relation  to  the  Kansas  and 
Nebraska  territories.  The  country  saw  witli  regret  and 
mortification,  the  homestead  bill  transformed  into  one  of 
mere  graduation  of  the  prices  of  the  public  lands.  The 
bills  for  the  improvement  of  the  army  and  navy,  and  the 
bill  for  regulating  the  transportation  of  immigrants  were 
dropped,  before  coming  to  maturity.  The  bill  for  a  grant 
of  lands  to  the  states  in  aid  of  the  insane,  was  defeated  in 
the  senate  for  want  of  a  constitutional  majority,  after  hav 
ing  been  vetoed  by  the  president.  The  bill  for  establishing 
the  Pacific  railroad  was  lost  for  want  of  time  to  debate  it ; 
and  the  bill  for  opening  steam  communication  with  the 
East,  after  passing  the  senate  failed  for  want  of  considera 
tion  in  the  house.  The  administration  had  a  majority  of 
nearly  two  to  one  in  both  branches  of  Congress.  The  op 
ponents  of  introducing  slavery  into  the  free  territories, 
were  in  a  decided  minority  in  the  house,  while  they  consti 
tuted  less  than  one  fifth  of  the  senate. 

The  measure,  already  alluded  to,  which  produced  this 
sudden  derangement  in  Congress,  was  a  provision  in  the 
bill  for  the  organization  of  a  territory  in  Nebraska,  declar 
ing  that  the  states  which  might,  at  any  future  time,  be 
formed  in  the  new  territory,  should  leave  the  question  of 
slavery  to  be  decided  by  the  inhabitants,  on  the  adoption 
of  their  constitution.  This  provision,  as  explained  by  the 
bill  itself,  was  the  application  to  Nebraska  of  the  policy  es 
tablished  in  regard  to  Utah  and  New  Mexico  by  the  com 
promise  of  1850.  It  was  evident  that  the  Missouri  com 
promise  of  1820  was  thus  virtually  repealed.  By  that 
arrangement,  it  was  provided  that  slavery  should  be  ex 
cluded  from  the  whole  unorganized  portion  of  the  public 


ABROGATION   OF   THE   MISSOURI   COMPROMISE.  163 

domain,  acquired  from  France,  and  lying  north  of  the  par 
allel  of  36°  30'  north  latitude.  The  territory  of  Nebraska 
was  comprised  within  these  limits. 

Mr.  Dixon,  a  senator  from  Kentucky,  however,  desirous 
to  bring  the  supporters  of  prohibition,  to  a  still  more  de 
cided  test,  moved  an  amendment  to  the  bill,  expressly  an 
nulling  the  portion  of  the  Missouri  compromise,  which 
related  to  the  subject.  After  some  deliberation,  Mr. 
Douglas  accepted  the  amendment,  and  modified  his  plan, 
so  far  as  to  introduce  a  new  bill  for  the  organization  of 
Nebraska  and  Kansas,  within  the  same  limits,  instead  of 
the  territory  of  Nebraska  alone,  according  to  the  original 
programme.  The  administration  lost  no  time  in  adopting 
this  policy  as  their  own.  It  was  at  first  proposed  to  hasten 
the  passage  of  the  bill  through  both  houses  so  rapidly,  as 
to  prevent  any  remonstrance  on  the  part  of  the  people. 
But  the  opponents  of  the  measure,  including  Mr.  Seward, 
Mr.  Everett,  Mr.  Chase,  Mr.  Sumner,  Mr.  Truman  Smith, 
Mr.  Wade,  Mr.  Bell,  Mr.  Houston,  and  Mr.  Fessenden,  pre 
sented  such  an  earnest  and  effective  resistance,  that  the 
attention  of  the  country  was  aroused,  and  an  indignant  prot 
est  called  forth  from  the  people  of  the  free  states.  The 
bill,  however,  passed  the  senate  by  a  majority  of  more  than 
two  to  one,  and  after  a  protracted  struggle  was  carried 
through  the  house,  in  an  amended  form  by  a  vote  of  113 
to  100. 

On  its  return  to  the  senate,  it  was  met  by  Messrs.  Sew- 
ard,  Sumner,  and  Chase,  with  a  continued  and  powerful 
opposition.  But  it  was  all  to  no  effect.  The  bill  finally 
passed  that  body,  and  amid  the  firing  of  cannon  and  the 
shouts  of  its  friends,  it  was  sent  to  the  president  for  his 
signature,  at  three  o'clock  in  the  morning  of  May  26, 1854. 
The  approval  of  the  president  was  promptly  given,  and  the 
odious  measure  became  the  law  of  the  land.  Thus  was 
abrogated  the  celebrated  Missouri  compromise  —  a  law  en 
acted  thirty  years  before  with  all  the  solemnity  of  a  com- 


164  THE   COMPROMISE   OF    1350   AND  NEBRASKA. 

pact  between  the  free  and  slave  states — and  a  territory 
opened  to  slavery  as  large  as  the  original  thirteen  states, 
and  nearly  equal  in  extent  to  all  the  existing  free  states. 
The  act  was  consummated  by  the  co-operation  of  the  North. 
Originating  with  a  senator  from  a  free  state — it  was  passed 
by  a  Congress  containing  in  each  branch  a  majority  of 
members  from  the  free  states,  and  was  sanctioned  by  the 
approval  of  a  free  state  president. 

The  friends  of  this  legislation  attempted  to  defend  it  on 
the  pretence  that  it  was  not  an  original  act,  but  only  de 
claratory  of  the  true  intent  and  significance  of  the  compro 
mise  measures  of  1850.  For  his  resistance  to  those  meas 
ures,  Mr.  Seward  had  been  vehemently  denounced.  But 
at  the  very  commencement  of  the  Nebraska  struggle,  the 
friends  of  freedom  at  the  North  turned  their  eyes  toward 
him,  as  its  devoted  champion.  He  was  beset  with  appeals 
from  all  sides  to  awaken  the  country  to  the  atrocity  of  the 
proposed  transaction.  In  no  quarter  were  these  appeals 
more  urgent  than  in  the  city  of  New  York,  where  his  oppo 
sition  to  the  compromise  of  1850  had  been  most  severely 
condemned.  With  his  usual  sagacity  and  confidence  in  the 
popular  impulse,  and  faithful  to  his  innate  sense  of  personal 
dignity,  he  kept  aloof  from  these  overtures,  and  was  con 
tent  with  the  zealous  discharge  of  his  senatorial  duties  on 
the  floor  of  Congress.  The  following  characteristic  letter 
illustrates  the  coolness  and  decision  of  his  bearing  at  this 
time :  — 

WASHINGTON,  Saturday,  January  28,  1854. 

"GENTLEMEN  :  The  invitation  to  a  meeting  to  be  held  in  the 
city  of  New  York,  to  protest  against  any  repeal  or  violation  of 
the  Missouri  Compromise,  Avith  which  you  have  honored  me,  has 
been  received.  My  constant  attendance  here  is  required  by  the 
interest  which  the  city  of  New  York  and  the  state  of  New  York 
have  in  the  great  projects  of  a  railroad  to  San  Francisco,  and 
the  extension  of  our  commerce  to  the  islands  and  continents 
divided  from  us  l>y  the  Pacific  ocenn,  which  are  now  being 


LETTER   TO   THE   NEW  YORK    MEETING.  165 

matured  in  committees  to  which  I  belong.  Moreover  the  day 
designated  for  the  meeting  is  one  upon  which  the  senate  may 
be  brought  to  a  vote  upon  the  bold  and  dangerous  measure 
which  has  so  justly  excited  the  patriotic  apprehensions  of  the 
citizens  of  the  metropolis.  I  could  not  be  safely  absent  from 
the  capital  under  these  circumstances,  even  if  my  attendance  in 
New  York  would  otherwise  be  proper. 

"  You  have  kindly  asked  me,  in  view  of  this  inability,  to  give 
you  such  an  expression  of  my  '  sentiments  as  may  help  to  arouse 
the  North  to  the  defence  of  its  rights,  and  the  South  to  the 
maintenance  of  its  plighted  honor.'  Permit  me  to  say,  in  re 
sponse  to  the  appeal,  that  when  the  slavery  laws  of  1850  were 
under  discussion  in  the  senate,  I  regarded  the  ground  then  de 
manded  to  be  conceded  by  the  North  as  a  vantage  ground,  which, 
when  once  yielded,  would  be  retrieved  with  infinite  difficulty 
afterward,  if,  indeed,  it  should  not  be  absolutely  irretrievable ; 
and  that  I,  therefore,  in  my  place  as  a  representative  here,  said 
and  did  all  that  it  was  in  my  power  to  do  and  say,  and  all  that 
I  could  now  do  and  say,  to  '  help  to  rouse  the  North  to  the  de 
fence  of  its  rights,  and  the  South  to  the  maintenance  of  its  hon 
or.'  When,  afterward,  eminent  members  of  Congress,  who  had 
been  engaged  in  passing  those  laws,  carried  an  appeal  against 
those  who  had  opposed  them  before  the  people  in  their  primary 
assemblies,  I  declined  to  follow  them  then,  and  I  have  ever 
since  refrained  from  all  unnecessary  discussions  of  the  slave  laws 
of  1850,  and  of  matters  pertaining  to  slavery,  even  here,  as  well 
as  elsewhere,  because  I  was  unwilling  to  injure  so  just  a  cause 
by  discussions  which  might  seem  to  betray  undue  solicitude,  if 
not  a  spirit  of  faction.  We  have  only  now  arrived  at  a  new 
stage  in  the  trial  of  that  appeal.  For  it  is  quite  clear  that  if 
the  slavery  laws  had  not  been  passed  in  1850,  for  the  territories 
acquired  from  Mexico,  there  would  have  been  no  pretence  for 
extending  such  slavery  laws  now,  over  the  territories  before  ac 
quired  from  Louisiana,  and  that  if  we  had  maintained  our  ground 
on  the  laws  of  freedom,  which  then  protected  New  Mexico  and 
Utah,  we  should  not  now  have  been  attacked  in  our  stronghold 
in  Nebraska.  It  is  equally  evident,  also,  that  Nebraska  is  not 
all  that  is  to  be  saved  or  lost.  If  we  are  driven  from  this  field, 
there  will  *yet  remain  Oregon  and  Minnesota,  and  we  who 


166  SPEECHES   ON   THE   NEBRASKA    BILL 

thought  only  so  lately  as  1849  of  securing  some  portion  at  least 
of  the  shore  of  the  Gulf  of  Mexico  and  all  of  the  Pacific  coast 
to  the  institutions  of  freedom,  will  be,  before  1859,  brought  to  a 
doubtful  struggle  to  prevent  the  extension  of  slavery  to  the 
shores  of  the  great  lakes,  and  thence  westward  to  Puget's  sound. 
T  hope,  gentlemen,  that  for  one,  I  may  be  allowed  to  continue 
to  the  end  that  abstinence  from  popular  agitation  which  I  have 
heretofore  practised,  less  from  considerations  of  self-respect  than 
from  my  confidence  in  the  sagacity  and  virtue  of  the  people  I 
represent.  Nevertheless,  I  beg  you  to  be  assured  that,  while 
declining  to  go  into  popular  assemblies,  as  an  agitator,  I  shall 
endeavor  to  do  my  duty  here  with  as  many  true  men  as  shall 
be  found  in  a  delegation,  which,  if  all  were  firm  and  united  in 
the  maintenance  of  public  right  and  justice,  would  be  able  to 
control  the  decision  of  this  great  question.  But  the  measure  of 
success  and  effect  which  shall  crown  our  exertions  must  depend 
now,  as  heretofore,  on  the  fidelity  with  which  the  people  whom 
we  represent  shall  adhere  to  the  policy  and  principles  which  are 
the  foundation  of  their  own  unrivalled  prosperity  and  greatness. 
"  I  am,  gentlemen,  with  great  respect  and  esteem,  your  obedi 
ent  servant,  "  WILLIAM  H.  SEWARD." 

The  pledges  given  in  this  letter  were  nobly  fulfilled. 
The  first  of  his  speeches*  on  the  Nebraska  bill  was  a  pro 
found  and  dispassionate  statement  of  the  whole  argument 
against  the  measure  in  question.  Though  it  failed  of  pre 
venting  the  accomplishment  of  the  measure  in  Congress,  it 
acted,  with  magnetic  power,  on  the  people  of  the  free  states, 
arousing  them  to  a  spirit  of  unconquerable  resistance  to  the 
aggressions  of  slavery.  It  was  a  gloomy  night  for  the 
lovers  of  freedom  in  those  states,  when  the  telegraphic 
despatches  flashed  throughout  the  country,  announcing  that 
the  ill-omened  bill  was  on  its  final  reading  in  the  senate, 
and  that  its  inevitable  enactment  was  near  at  hand.  Mr. 
Seward  chose  that  hour  of  intense  excitement  to  close  the 
debate  on  his  part.  He  commenced  his  speech  with  these 
solemn  and  impressive  words  :  — 

*  See  page  351  of  this  volume. 


CLOSE   OF  THE   DEBATE.  167 

"  The  sun  has  set  for  the  last  time  upon  the  guarantied  and  cer 
tain  liberties  of  all  the  unsettled  and  unorganized  portions  of  the 
American  continent  that  lie  within  the  jurisdiction  of  the  United 
States.  To-morrow's  sun  will  rise  in  dim  eclipse  over  them.* 
How  long  that  obscuration  shall  last,  is  known  only  to  the 
Power  that  directs  and  controls  all  human  events.  For  myself, 
I  know  only  this  —  that  now  no  human  power  will  prevent  its 
coming  on,  and  that  its  passing  off  will  be  hastened  and  secured 
by  others  than  those  now  here,  and  perhaps  by  only  those 
belonging  to  future  generations 

"  We  are  on  the  eve  of  the  consummation  of  a  great  national 
transaction  —  a  transaction  which  will  close  a  cycle  in  the  his 
tory  of  our  country  —  and  it  is  impossible  not  to  desire  to  pause 
a  moment  and  survey  the  scene  around  us  and  the  prospect  be 
fore  us.  However  obscure  we  may  individually  be,  our  connec 
tion  with  this  great  transaction  will  perpetuate  our  names  for 
the  praise  or  for  the  censure  of  future  ages,  and  perhaps  in 
regions  far  remote.  If,  then,  we  had  no  other  motive  for  our 
actions  but  that  of  an  honest  desire  for  a  just  fame,  we  could 
not  be  indifferent  to  that  scene  and  that  prospect.  But  indi 
vidual  interests  and  ambition  sink  into  insignificance  in  view  of 
the  interests  of  our  country  and  of  mankind.  These  interests 
awaken,  at  least  in  me,  an  intense  solicitude." 

He  then  proceeded  to  review  the  sophistries  which  had 
been  offered  in  defence  of  the  bill,  and  pointed  out  its 
calamitous  tendencies,  with  a  clearness  and  power  that 
might  almost  have  arrested  its  progress  even  on  the  verge 
of  enactment.  Presenting  to  the  free  states  the  evidences 
of  their  ability  to  procure  a  repeal  of  the  law,  he  urged,  by 
conclusive  arguments,  the  importance  of  such  a  step,  and 
at  the  same  time  luminously  expounded  the  methods  of 
excluding  slavery  from  Nebraska,  and  the  vast,  unsettled 
regions  of  the  West,  by  promoting  a  wide  and  rapid  emi 
gration  into  the  territories  in  question.  The  effect  of  this 
speechf  was  cheering  in  the  extreme.  It  threw  a  rainbow 

*  It  will  be  remembered  that  an  almost  total  eclipse  of  the  sun  actually 
occurred  on  that  day  —  the  26th  of  May,  1854. — ED 
f  See  p.  384  of  this  volume. 


168  THE    CLERGY   OF    NEW    ENGLAND. 

over  the  dark  cloud  that  hung  over  the  country.  The  aus 
picious  omen  was  accepted.  And  the  faith  of  the  people 
has  been  rewarded  by  the  most  gratifying  results  in  the 
recent  elections. 

Beside  these  two  important  speeches,  Mr.  Scward  made 
several  other  elaborate  efforts  in  the  senate,  addressing  that 
body  on  the  bills  which  have  been  already  enumerated. 

During  the  discussion  of  the  Kansas  and  Nebraska  bill 
in  the  house  of  representatives,  a  memorial  remonstrating 
against  the  repeal  of  the  Missouri  compromise,  signed  by 
three  thousand  and  fifty  clergymen  of  New  England,  was 
presented  to  the  senate  by  Edward  Everett.  Mr.  Douglas 
and  other  senators  attacked  this  memorial  with  great  vio 
lence,  severely  criticising  its  language,  calling  in  question 
its  propriety,  and  denying  the  claim  of  its  authors  to  a 
hearing  in  the  senate.  Mr.  Seward  defended  the  course 
of  the  memorialists,  and  maintained  the  right  of  petition 
on  its  broadest  grounds.  A  reference  to  his  remarks  on 
this  subject  will  show  the  character  of  his  positions,  and 
the  vigor  and  acumen  with  which  they  were  sustained.* 

Two  unusually  important  treaties  were  ratified  by  the 
senate  in  executive  or  secret  session,  during  this  meet 
ing  of  Congress.  One  is  known  as  the  "  Gadsden  Treaty," 
for  the  settlement  of  our  relations  with  Mexico  and  the 
other,  as  the  "  Reciprocity  Treaty"  for  the  regulation  of 
trade  between  Canada  and  the  United  States.  Mr.  Seward 
is  understood  to  have  opposed  the  former,  while  he  gave 
his  support  to  the  latter. 

It  will  be  seen  that  Mr.  Seward  has  not  been  an 
idle  spectator  of  the  proceedings  of  the  senate.  His  voice 
has  been  raised  on  the  most  momentous  questions  in  those 
halls  "  where  debate  either  wins  a  great  influence  or  utterly 
wastes  the  speaker's  power."  No  one  can  doubt  the  effect 
of  his  active  participation  in  the  senatorial  strife  on  his 
own  fame.  His  speeches  have  not  only  been  heard  with 

*  See  p.  223  of  this  volume. 


ADDRESS   AT    YALE    COLLEGE.  169 

profound  respect  in  the  august  forum,  where  they  were  de 
livered,  but  they  will  be  read  with  instruction  and  delight 
by  the  most  intelligent  portion  of  our  republican  population. 

Rich  in  significant  lessons  of  statesmanship,  abounding 
in  the  treasured  wisdom  of  years  of  study  and  practice  in 
affairs,  breathing  a  spirit  of  the  most  expansive  humanity, 
and  adorned  with  the  classic  embellishments  of  a  suscepti 
ble  and  refined  taste,  they  form  an  interesting  memorial 
of  the  progress  of  American  letters.  Mr.  Seward,  we 
are  persuaded,  will  henceforth  occupy  as  enviable  a  place 
among  the  writers  of  his  country,  as  he  has  long  held  among 
her  practical  statesmen. 

In  addition  to  his  elaborate  speeches  in  the  senate,  Mr. 
Seward  has  often  taken  an  incidental  part  in  important  de 
bates,  a  record  of  which  is  preserved  in  the  collection  of 
his  works.  After  the  decease  of  Henry  Clay  and  Daniel 
Webster,  he  delivered  a  tribute  to  the  memory  of  each  of 
those  illustrious  statesmen,  in  chaste  and  discriminating 
sketches  of  their  characters.  For  justness  and  vigor  of 
conception,  elevation  of  feeling,  and  felicity  of  diction,  these 
are  scarcely  inferior  to  the  best  specimens  of  mortuary  elo 
quence  in  our  language.* 

Just  before  the  adjournment  of  Congress  (o*n  the  26th  of 
July),  Mr.  Seward  delivered  the  annual  oration  before  the 
Phi  Beta  Kappa  society  of  Yale  college,  on  which  occasion 
he  received  the  honorary  degree  of  Doctor  of  Laws.  The 
subject  of  his  discourse  was  "  The  Physical,  Moral,  and 
Intellectual  Development  of  the  American  People,"  which 
he  treated  with  a  masterly  discrimination  and  vigorous  elo 
quence  that  commanded  the  admiration  of  a  highly  intellec 
tual  audience,  and  strengthened  his  well-earned  title  to 
oratorical  fame.f 


8 


170  THIRTY-THIRD    CONGRESS. 


CHAPTER    XXII. 

SECOND    SESSION    OF   XXXIIld     CONGRESS RE-ELECTION   OF   MR. 

SEWARD   TO    THE    SENATE. 

j       THE  second  session  of  the  Thirty-third  Congress  com- 
j     menced  on  the  first  Monday  in  December,  1854.      Mr. 
/      Seward  immediately  applied  himself  to  the  task  of  rescuing 
/I      from  the  ruins  the  important  measures  that  were  sacrificed 
i.j        at  the  last  session.    His  speeches  in  favor  of  appropriations 
/         for  the  improvement  of  the  harbors  on  the  great  lakes ; 
'I          against  the  amendments  of  the  tariff  impairing  the  inter 
ests  of  American  producers  and  manufacturers ;  in  favor 
of  effectual  measures  to  secure  the  building  of  the  Pacific 
Railroad  ;  against  giving  credit  on  duties  on  railroad  iron  ; 
and  in  favor  of  sustaining  the  mail  service  of  the  United 
A    States  on  the  Atlantic  and  Pacific  Oceans — exhibit  the 
\     zeal  with  which  he  entered  upon  the  work.     Liberal  and 
V  statesmanlike  views  characterized  all  his  efforts. 

He  opposed  the  bill  raising  the  salaries  of  the  judges  of 
"  the  supreme  court  and  increasing  the  compensation  of  the 
senators  and  representatives  in  Congress,  while  he  favored 
an  extension  of  the  benefits  of  the  bounty  land  laws  to 
the  militia  and  volunteers  who  had  served  in  the  wars  of 
the  United  States.  On  presenting  a  petition  from  the 
unemployed  workmen  of  New  York,  for  the  passage  of  a 
homestead  act,  he  feelingly  alluded  to  the  distress  then 
prevailing  among  the  industrial  classes,  and  urged  as  an 


FUGITIVE    SLAVE   BILL.  171 

inexpensive  and  salutary  means  of  relief,  the  enactment 
of  the  law  asked  for  in  the  workingmen'e  memorial. 

A  bill  introduced  by  Senator  Toucey,  to  strengthen  the 
rigid  and  inhuman  provisions  of  the  fugitive  slave  bill  of 
1850,  met  with  Mr.  Seward's  determined  opposition.  He 
denounced  it  in  an  eloquent  and  stirring  speech,  as  a 
daring  encroachment  on  the  rights  and  liberties  of  the 
people.  Mr.  Sumner  during  the  debate  offered  a  substitute 
for  the  bill,  proposing  to  repeal  the  act  of  1850.  This 
received  nine  affirmative  votes,  including  Mr.  Seward's. 
Mr.  Toucey's  bill  passed  the  senate,  but  failed  in  the 
house.  It  has  never  been  revived. 

Congress  adjourned  on  the  3d  of  March,  1855.  At  the 
same  time,  Mr.  Seward's  first  senatorial  term  expired.  He 
had  intended  to  decline  a  reelection  ;  but  higher  consider 
ations  than  private  interests  prevailed  with  him,  and  he 
consented  to  serve  another  term.  To  those  who  expressed 
an  undue  anxiety  for  his  continuance  in  office,  he  wrote: — 

"As  for  the  future,  I  await  its  developments  without  concern, 
conscious  that  if  my  services  are  needed,  they  will  be  demanded ; 
and  if  not  needed,  that  it  would  be  neither  patriotic  nor  conducive 
to  my  happiness  to  be  in  public  life." 

The  legislature  of  New  York,  for  1855,  had  been  chosen 
with  reference  to  Mr.  Seward's  reelection ;  and  although 
the  opposition  was  active,  a  majority  in  his  favor  was 
returned.  Previous  to  the  day  appointed  for  the  election, 
a  discussion  of  the  subject  occupied  the  Assembly  for 
several  days,  in  which  Mr.  Seward's  public  life  was 
subjected  to  a  searching  review.*  His  friends  felt  their 
confidence  in  his  success  strengthened  as  the  debate  pro 
ceeded.  On  the  6th  of  February,  1855,  the  election  took 
place,  and  resulted  in  Mr.  Seward's  triumphant  return. 

*  Among  those  who  ably  supported  Mr.  Seward's  re-election  during  this 
debate,  were  Messrs.  C.  C.  Leigh,  R.  M.  Blatchford,  Hezekiah  Baker,  and 
others,  of  the  Assembly. 


172  MR.  SEWARD'S  RE-ELECTION. 

The  votes  stood  in  the  Senate  : — 

For  WILLIAM  H.  SEWARD 18 

Daniel  S.  Dickinson 5 

William  F.  Allen 2 

Al  illard  Fillmore 1 

Ogden  Hoffman 1 

Preston  King 1 

Daniel  Ullmann 1 

George  R.  Babcock 1 

Sanford  E.  Church 1 

In  the  Assembly,  the  votes  were  as  follows : — 

For  WILLIAM  H.  SEWARD 69 

Daniel  S.  Dickinson 14 

Horatio  Seymour 12 

Washington  Hunt 9 

John  A.  Dix 7 

Jdillard  Fillmore 4 

Scattering 11 

When  the  result  was  announced  by  telegraph  throughout 
the  country,  the  public  rejoicings  were  as  universal  as 
they  were,  in  such  a  case,  unprecedented.  Mr.  Seward 
himself  received  the  intelligence,  while  engaged  in  the 
senate,  with  his  accustomed  equanimity.  His  house, 
however,  in  Washington,  was  soon  thronged  with  citizens, 
members  of  Congress,  and  others,  eager  to  offer  their 
congratulations.  On  his  return  to  Auburn,  after  the 
adjournment,  public  receptions  were  tendered  to  him  at 
the  various  places  on  the  route.  He  respectfully  declined 
them.  His  reelection  seemed  every  where  to  be  regarded 
as  a  national  triumph.  The  contest  had  been  anxiously 
watched,  as  one  between  Freedom  and  Slavery. 

The  annual  elections  in  the  ensuing  autumn  were  re 
garded  with  uncommon  interest.  Mr.  Seward  was,  as 
usual,  pressed  into  the  canvass.  He  delivered  speeches  at 
Albany,  Buffalo,  and  Auburn.  His  speech  in  the  capitol, 
entitled  "  The  Dangers  of  extending  Slavery,"  attracted 


ALBANY  AND  BUFFALO  SPEECHES.          173 

much  attention.  Even  the  President,  in  his  annual  mes 
sage,  alluded  to  some  of  its  sentiments,  and  attempted  to 
combat  them.  Mr.  Seward  closed  this  speech  in  the 
following  words : — 

"  So  long  as  the  republican  party  shall  be  firm  and  faithful  to 
the  Constitution,  the  Union,  and  the  Rights  of  Man,  I  shall  serve 
it,  with  the  reservation  of  that  personal  independence  which  is  my 
birthright,  but  at  the  same  time  with  the  zeal  and  devotion  that 
patriotism  allows  and  enjoins.  I  do  not  know,  and  personally  I 
do  not  greatly  care,  that  it  shall  work  out  its  great  ends  this  year, 
or  the  next,  or  in  my  lifetime;  because  I  know  that  those  ends  are 
ultimately  sura,  and  that  time  and  trial  are  the  elements  which 
make  all  great  reformations  sure  and  lasting.  I  have  not  thus 
far  lived  for  personal  ends  or  temporary  fame,  and  I  shall  not 
begin  so  late  to  live  or  labor  for  them.  I  have  hoped  that  I 
might  leave  my  country  somewhat  worthier  of  a  lofty  destiny,  and 
the  rights  of  human  nature  somewhat  safer.  A  reasonable 
ambition  must  always  be  satisfied  with  sincere  and  practical 
endeavors.  If,  among  those  who  shall  come  after  us,  there  shall 
'be  any  curious  inquirer  who  shall  fall  upon  a  name  so  obscure  as 
mine,  he  shall  be  obliged  to  confess  that,  however  unsuccessfully 
I  labored  for  generous  ends,  yet  that  I  nevertheless  was  ever 
faithful,  ever  hopeful." 

His  speech  at  Buffalo — "The  Contest  and  the  Crisis" — 
was  no  less  eloquent,  and,  like  the  former,  had  a  large 
circulation,  in  pamphlets,  after  the  election  had  passed. 

Both  of  these  speeches  discuss  the  great  question  of  the 
day  with  masterly  power,  and  are  of  permanent  interest. 

On  the  22d  of  December  (Forefathers'  Day),  Mr.  Seward 
delivered  an  oration  at  Plymouth,  Mass.  It  is  justly 
regarded  as  one  of  his  best  efforts.  A  large  and  cultivated 
audience  greeted  its  delivery  with  repeated  demonstrations 
of  sympathy  and  delight. 


174  KANSAS    AFFAIRS 


CHAPTER    XXIII. 

THE     XXXIvth     CONGRESS,     1855-' 6 KANSAS     AFFAIRS — THE 

SUMNER  ASSAULT THE   PRESIDENTIAL  ELECTION THE  DRED 

SCOTT   DECISION,  ETC. 

CONGRESS  assembled  on  its  usual  day  in  December,  1855, 
and  Mr.  Seward,  with  his  accustomed  punctuality  and 
diligence,  applied  himself  to  the  business  of  the  session. 
Among  the  important  subjects  first  introduced,  was  the 
"  Clayton  and  Bulwer  Treaty."  In  several  able  speeches, 
Mr.  Seward  faithfully  defended  the  rights  and  interests 
of  the  United  States,  showing  an  intelligent  acquaintance 
with  the  whole  subject.  A  matter  of  still  greater  interest 
was  soon  afterward  brought  before  the  senate.  The  Presi 
dent,  in  a  special  message  to  Congress,  called  its  attention 
to  the  extraordinary  condition  of  affairs  in  the  territory 
of  Kansas.  Mr.  Seward's  speeches  in  the  debate  which 
followed  were  of  commanding  interest.  They  were  more 
numerous  and  elaborate  than  usual.  Our  limits  will  not 
allow  any  extracts  from  them,  in  this  connection,  even  if 
it  were  possible  to  make  a  selection  wTith  a  just  regard  to 
the  whole.  They  obtained  a  wide  circulation  through  the 
country,  in  newspapers  and  pamphlets.* 

On  the  22d  of  May,  1856,  an  assault  was  committed  on 
Charles  Simmer,  in  the  senate  chamber,  by  Mr.  Preston  S. 

*  These  speeches,  with  others  referred  to  in  these  chapters,  will  be  found 
in  Vol.  IV  of  Mr.  Se ward's  Works. 


THE    SUMXKR    ASSAULT.  175 

Brooks,  of  South  Carolina.  The  severe  and  lasting  injuries 
were  inflicted,  in  the  presence  of  several  other  members 
of  Congress,  avowedly  in  revenge  for  words  spoken  in 
debate.  Mr.  Simmer's  colleague  (Senator  Wilson)  the 
next  day  briefly  stated  the  facts  of  the  occurrence  to  the 
senate.  After  waiting  a  reasonable  time  for  some  senator 
in  the  majority  to  make  such  a  motion,  Mr.  Seward  offered 
a  resolution  appointing  a  committee  of  inquiry  into  the 
whole  matter.  His  resolution  was  adopted,  without  oppo 
sition.  According  to  parliamentary  usage,  Mr.  Seward 
should  have  been  one  of  this  committee,  and  its  chairman. 
But  the  usual  mode  of  appointing  committees  was  in  this 
case  changed,  and  an  election  by  ballot  substituted.  The 
committee  as  elected  contained  no  friend  of  Mr.  Simmer's, 
nor  any  senator  belonging  to  his  party.  All  were  demo 
crats.  Notwithstanding  these  circumstances,  and  not 
withstanding  the  personal  relations  existing  between  Mr. 
Simmer  and  Mr.  Seward,  the  latter  engaged  in  the  debate, 
which  followed  the  report  of  the  committee,  with  his 
characteristic  coolness  and  moderation.  His  speeches, 
however,  were  not  wanting  in  manly  indignation  and 
dignified  denunciation  of  the  outrage.  He  was  evidently 
deeply  moved  by  the  whole  transaction.  In  his  opening 
remarks,  he  shows  how  profoundly  he  was  affected,  and 
how  severely  he  had  disciplined  his  feelings : — 

"  Every  one  knew,"  he  said,  "  that  the  sufferer  in  that  scene  was 
my  cherished  personal  friend,  and  political  associate.  Every  one 
knew  that  he  had  fallen  senseless  and,  for  all  that  was  at  first 
known,  lifeless,  on  the  floor  of  the  senate  of  the  United  States,  for 
utterances  which,  whether  discreet  or  indiscreet,  were  utterances 
made  in  the  cause  of  truth,  humanity,  and  justice — a  cause  in 
which  he  was  a  distinguished  fellow-laborer  with  myself." 

Besides  his  speeches  on  this  subject  and  the  Kansas 
affairs.  Mr.  Seward  also  addressed  the  senate  at  length,  and 


1TC  THE    PRESIDENTIAL    ELECTION. 

with  his  usual  ability,  on  the  following  topics :  the  Naval 
Retiring  Board,  Origination  of  Appropriation  Bills.  Sena 
tor  Trumbull's  Seat,  the  Danish  Sound  Dues,  Nicaragua, 
the  Compensation  Bill,  and  Military  and  Civic  Officers.  At 
the  extra  session,  he  delivered  an  eloquent  speech  on  the 
Army  Bill,  incidentally  discussing  the  outrages  perpetrated 
in  Kansas  by  the  pro-slavery  party  and  government  offi 
cers.  He  did  not  hesitate,  however,  to  predict  that  Kansas 
was  destined  to  be  free.  Neither  did  he  entertain  any 
fears  for  the  safety  of  the  Union  in  any  event.  The  extra 
session  closed  on  the  30th  of  August,  1850.  Mr.  Seward's 
labors  had  been  uncommonly  arduous  during  a  constant 
service  of  nine  months  in  the  senate.  He  immediately 
retired  to  his  home  in  Auburn  ;  but  his  respite  from  labor 
was  brief.  The  presidential  election  was  near  at  hand, 
and  the  canvass  was  at  its  height.  Mr.  Seward's  aid  was 
invoked  from  all  quarters.  His  speeches  at  Auburn, 
Detroit,  and  Oswego,  have  seldom  been  equalled  in  their 
effective  eloquence  and  clear  expositions  of  the  great 
questions  dividing  the  people.  If  Mr.  Seward's  friends 
had  been  disappointed  in  the  nomination  made  by  the 
republican  party,  no  traces  of  such  a  feeling  appeared  in 
any  act  or  expression  of  his. 

Congress  re-assembled  in  December,  the  election  having 
resulted  in  the  success  of  Mr.  Buchanan  and  his  party. 
During  the  recess,  John  M.  Clayton  had  deceased.  One 
of  Mr.  Seward's  first  duties  was  to  pronounce  a  eulogium 
upon  that  eminent  statesman.  It  was  an  eloquent  and 
feeling  tribute  to  "his  ancient  political  associate  and 
friend." 

In  a  speech  remarkable  for  its  historical  research,  he 
advocated  the  claims  of  the  Revolutionary  officers  for 
further  aid  from  our  government.  He  showed  that  such 
aid  would  be  the  carrying  out  of  Gen.  Washington's  early 
and  most  cherished  policy  ;  and  that  it  would  be  simply 


THE    DEED   SCOTT   DECISION.  177 

an  act  of  justice  long  delayed.  The  Atlantic  Telegraph 
was  a  project  which  received  Mr.  Seward's  effective 
support.  His  counsel  and  his  speeches  were  the  means 
of  carrying  a  bill  through  the  senate  to  aid  its  construction. 
In  the  same  spirit  he  advocated  a  line  of  telegraphs  from 
the  Mississippi  to  the  Pacific  Ocean.  The  overland  mail 
to  California  and  Oregon,  was  also  a  favorite  measure  with 
him,  and  with  similar  enterprises,  was  sustained  by  his 
zealous  cooperation.  Near  the  close  of  the  session,  a 
proposition  to  revise  the  tariff  was  brought  forward.  Mr. 
Seward,  consistently  with  his  wThole  public  life,  favored 
those  amendments  which  would  improve  the  present 
system,  while  he  opposed  such  as  would  add  to  the  existing 
embarrassments  of  the  iron  and  wool-growing  interests. 
The  amendments  as  proposed  by  Senator  Hunter,  passed 
the  senate,  Mj\  Seward  voting  in  the  negative,  with  Messrs. 
Bell,  Bigler,  Brodhead,  Collamer,  Durkee,  Foot,  Geyer, 
Nonrse,  Trumbull,  and  Wade. 

With  the  inauguration  of  President  Buchanan,  came  the 
Dred  Scott  decision.  Mr.  Seward  took  an  early  occasion 
to  review  this  decision,  and  to  speak  of  the  President's 
connection  with  it.  He  proposed  also  a  reorganization  of 
the  supreme  court  and  the  courts  of  the  United  States,  so 
that  the  states  should  be  represented  by  judges  more 
nearly  on  the  basis  of  their  federal  population.  While  he 
avowed  his  intention  to  act  strictly  within  the  Constitution 
in  this  matter,  he  insisted  on  the  justice  and  necessity  of 
his  proposition. 


8* 


ITS  MR.  SEWARD'S  SPEECHES. 


CHAPTER    XXIV. 

XXXVtll    CONGRESS — KANSAS-LECOMPTON    AFFAIRS THE    IRRE 
PRESSIBLE    CONFLICT. 

CONGRESS  met  on  the  first  Monday  in  December,  1857. 
Mr.  Seward's  speeches  were  more  numerous  than  at  any 
previous  session.  His  topics  also  embraced  a  greater 
variety,  and  were  of  more  importance  than  usual.  Among 
them  may  be  named :  The  President's  Message,  Eulogy  on 
James  Bell,  Treasury  Notes,  William  Walker,  Paying  for 
Slaves,  Eulogy  on  Thomas  J.  Rusk,  Increase  of  the  Army, 
Admission  of  Minnesota,  Kansas  and  Lecompton,  Slavery 
in  ]S"ew  York,  The  Pacific  Railroad,  Admission  of  Oregon, 
The  Fisheries,  British  Aggressions,  Improvement  of  Rivers 
and  Harbors,  The  Coast  Survey,  Eulogy  on  J.  Pinckney 
Henderson,  Mail  Steamers,  and  The  Public  Schools  of 
Washington.  His  eulogiuin  on  Senator  Rusk  was  an 
appropriate  and  solemn  memorial  of  his  death,  with  affec 
tionate  allusions  to  the  relations  that  had  existed  between 
himself  and  the  deceased. 

On  the  2d  of  February,  1858,  the  President  sent  a 
special  message  to  Congress,  recommending  the  admission 
of  Kansas  into  the  Union,  with  the  constitution  framed  at 
Lecompton.  The  fraudulent  and  deceptive  character  of 
this  constitution,  is  too  well  known  to  need  in  this  place 
and  at  this  time  any  remarks.  The  most  distinguished 
democrats  in  the  Union  revolted  at  its  unfair  and  unjust 


KANSAS-LKCOMPTOX    AFFAIRS.  179 

provisions.  Messrs.  Broderick,  Douglas,  Pugh,  and  Stuart 
in  the  senate,  immediately  took  ground  against  it,  and 
united  with  Mr.  Seward  and  the  republicans  to  oppose 
the  president's  policy.  Senators  Bell  and  Oittenden  also 
arrayed  themselves  with  the  opposition.  The  measure, 
nevertheless,  passed  the  senate  by  a  vote  of  33  to  25. 
Before  its  final  passage,  Mr.  Crittenden  moved  an  amend 
ment,  allowing  the  constitution  to  be  submitted  to  the 
people — if  approved,  the  President  should  admit  Kansas 
into  the  Union  by  a  proclamation;  if  rejected,  a  new 
convention  might  be  called  to  frame  another  constitution. 
This  the  senate  rejected.  In  the  house,  Mr.  Critteiiden's 
amendment  was  in  substance  adopted,  by  120  to  112 — 
twenty-two  democrats  voting  for  it.  A  disagreement 
between  the  senate  and  the  house  having  thus  arisen,  a 
conference  committee  was  appointed,  of  which  Mr.  Seward 
was  a  member  on  the  part  of  the  senate.  A  bill,  prevari 
cating  and  doubtful  in  its  meaning,  wras  framed  by  this 
committee,  Mr.  Seward  and  Mr.  Howard  dissenting,  which 
eventually  passed  both  houses  and  became  a  law.  The 
people  of  Kansas,  however,  promptly  rejected  it  by  nearly 
10,000  majority. 

Mr.  Seward,  in  the  senate  and  in  the  conference  commit 
tee,  opposed  any  surrender  of  the  principle  that  the  people 
of  Kansas  should  be  left  perfectly  free  to  decide  upon  their 
own  organic  law.  His  speeches,  made  at  different  stages 
of  the  debate,  which  lasted  over  twelve  weeks,  are  mas 
terly  expositions  of  the  whole  subject,  in  all  its  relations. 
They  contain  a  concise  but  perfect  history  of  the  struggle 
for  the  rights  of  Kansas,  in  Congress  and  in  the  territory. 

In  one  of  the  earliest  (March  3,  1858)  of  these  speeches, 
after  discarding  the  idea  of  any  more  compromises  with 
slavery,  he  said : — 

"  I  know  the  hazards  I  incur  in  taking  this  position.  I  know 
ho\v  men  and  parties,  now  earnest  and  zealous  and  bold,  may 


180  ME.  SEWAKD'S  POSITION. 

yet  fall  away  from  me,  as  the  controversy  shall  wax  warm,  and 
alarms  and  dangers  now  unlocked  for,  shall  stare  them  in  the 
face  as  men  and  parties,  equally  earnest,  bold,  and  zealous,  have 
done,  in  like  circumstances,  before.  But  it  is  the  same  position  I 
took  in  the  case  of  California,  eight  years  ago.  It  is  the  same  I 
maintained  on  the  great  occasion  of  the  organization  of  Kansas 
and  Nebraska,  four  years  ago.  Time  and  added  experience  have 
vindicated  it  since,  and  I  assume  it  again,  to  be  maintained  to  the 
last,  with  confidence,  that  it  will  be  justified,  ultimately,  by  the 
country  and  by  the  civilized  world." 

"  A  free  republican  government,  like  this,  notwithstanding  all 
its  .constitutional  checks,  can  not  long  resist  and  counteract  the 
progress  of  society.  Slavery,  wherever  and  whenever,  and  in 
whatsoever  form  it  exists,  is  exceptional,  local,  and  short-lived. 
Freedom  is  the  common  right,  interest,  and  ultimate  destiny,  of 
all  mankind.  All  other  nations  have  already  abolished,  or  are 
about  abolishing,  slavery.  Does  this  fact  mean  nothing?  All 
parties  in  this  country  that  have  tolerated  the  extension  of  slavery, 
except  one,  have  perished  for  that  error  already.  That  last  one — 
the  Democratic  party — is  hurrying  on,  irretrievably,  toward  the 
same  fate.  There  is  a  meaning  in  all  these  facts,  which  it  becomes 
us  to  study  well.  The  nation  has  advanced  another  stage ;  it  has 
reached  the  point  where  intervention,  by  the  government,  for 
slavery  and  slave  states,  will  no  longer  be  tolerated.  Free  labor 
has  at  last  apprehended  its  rights,  its  interests,  its  power,  and  its 
destiny,  and  is  organizing  itself  to  assume  the  government  of  the 
Republic." 

As  the  leader  of  the  opposition,  Mr.  Seward's  counsel 
and  advice  were  in  constant  requisition  during  this  mem 
orable  contest. 

On  the  bill  to  increase  and  strengthen  the  army  sent  to 
quell  the  rebellion  in  Utah,  he  took  high  and  patriotic 
grounds,  separating  himself  for  the  time  from  some  of  his 
political  friends  in  the  senate.  In  this  case,  as  in  others, 
we  believe  that  he  adopted  the  course  which  his  duty  and 
wisdom  dictated,  leaving  its  vindication  to  time  and  his- 


OREGON    AND   MINNESOTA.  181 

tory.  In  a  similar  spirit,  lie  boldly  denounced  the  aggres 
sions  committed  by  British  cruisers  on  our  commerce  in 
the  Gulf  of  Mexico,  and  insisted  upon  reparation  being 
demanded  at  all  hazards.  In  both  cases,  Mr.  Seward 
desired  to  sustain  the  honor  and  interests  of  his  country, 
although  at  the  same  time  he  might  be  found  supporting 
the  views  of  the  administration.  A  perusal  of  his  speeches 
on  these  subjects,  now  that  the  excitement  of  the  occasion 
has  subsided,  shows  that  his  motives  were  as  disinterested 
as  they  were  statesmanlike. 

He  voted  to  admit  both  Oregon  and  Minnesota  into  the 
Union,  although  opposed  to  some  of  the  prescriptive  fea 
tures  in  the  constitution  of  Oregon.  He  protested  against 
any  endorsement  of  the  prejudice  mpon  which  they  were 
founded. 

After  the  adjournment  of  Congress,  Mr.  Seward  was 
engaged  for  several  weeks  in  the  circuit  court  of  the 
United  States  at  New  York.  His  argument  before  that 
court,  in  favor  of  a  bridge  over  the  Hudson  river  at 
Albany,  is  remarkable  for  its  originality  and  for  its  exten 
sive  knowledge  of  the  subject  of  navigation. 

The  elections  in  the  autumn  of  1858  resulted  in  a 
decided  rebuke  of  the  president  and  his  Kansas-Lecompton 
policy.  In  the  state  of  Xew  York,  only  four  members  of 
Congress  favoring  that  policy  were  elected ;  and  the 
republican  candidate  for  governor  (Hon.  E.  D.  Morgan) 
was  chosen  by  nearly  20,000  majority.  The  struggle  in 
the  state  was  nevertheless  severe,  and  the  result  seemed 
to  many  to  be  doubtful.  In  this  emergency,  Mr.  Seward 
appeared  before  the  people,  and  by  his  speeches  at 
Rochester,  Rome,  and  Auburn,  rallied  the  strength. of  the 
republicans,  and  at  the  same  time  destroyed  the  hopes  of 
the  opposition.  His  speech  at  Rochester,  especially,  gave 
a  new  aspect  to  the  contest,  and  turned  the  tide  in  favor 


182  THE    IRKEPRESSIBLK   CONFLICT. 

of    the   republican   party.      The   following   passage   has 
acquired  an  enduring  fame  : — 

"  Hitherto,  the  two  systems  (slave  and  free  labor)  have  existed 
in  different  states,  but  side  by  side,  within  the  American  Union. 
This  has  happened  because  the  Union  is  a  confederation  of  states. 
But  in  another  aspect  the  United  States  constitute  only  one  nation. 
Increase  of  population,  which  is  filling  the  states  out  to  their  very 
borders,  together  with  a  new  and  extended  net-work  of  railroads 
and  other  avenues,  and  an  internal  commerce  which  daily  becomes 
more  intimate,  are  rapidly  bringing  the  states  into  a  higher  and 
more  perfect  social  unity  or  consolidation.  Thus  these  antagonistic 
systems  are  continually  coming  into  closer  contact;  and  collision 
results. 

"  Shall  I  tell  you  what  this  collision  means  ?  They  who  think 
that  it  is  accidental,  unnecessary,  the  work  of  interested  or  fanati 
cal  agitators,  and  therefore  ephemeral,  mistake  the  case  altogether. 
It  is  an  irrepressible  conflict  between  opposing  and  enduring  forces, 
and  it  means  that  the  United  States  must  and  will,  sooner  or  later, 
become  either  entirely  a  slave-holding  nation,  or  entirely  a  free- 
labor  nation.  Either  the  cotton  and  rice  fields  of  South  Carolina 
and  the  sugar  plantations  of  Louisiana  will  ultimately  be  tilled  by 
free  labor,  and  Charleston  and  New  Orleans  become  marts  for 
legitimate  merchandise  alone,  or  else  the  rye  fields  and  wheat 
fields  of  Massachusetts  and  New  York  must  again  be  surrendered 
by  their  farmers  to  slave  culture  and  to  the  production  of  slaves, 
and  Boston  and  New  York  become  once  more  markets  for  trade 
in  the  bodies  and  souls  of  men.  It  is  the  failure  to  apprehend 
this  great  truth,  that  induces  so  many  unsuccessful  attempts  at 
final  compromise  between  the  slave  and  free  states,  and  it  is  the 
existence  of  this  great  fact  that  renders  all  such  pretended  com 
promises,  when  made,  vain  and  ephemeral.  Startling  as  this 
saying  may  appear  to  you,  fellow-citizens,  it  is  by  no  means  an 
original  or  even  a  modern  one.  Our  forefathers  knew  it  to  be 
true,  and  unanimously  acted  upon  it  when  they  framed  the  Con 
stitution  of  the  United  States.  They  regarded  the  existence  of 
the  servile  system  in  so  many  of  the  states  with  sorrow  and  shame, 
which  they  openly  confessed,  and  they  looked  upon  the  collision 


THK    IRRKP11KSSIBLK    CONFLICT. 


183 


between  them,  which  was  then  just  revealing  itself,  and  which  we 
are  now  accustomed  to  deplore,  with  favor  and  hope.  They  knew 
that  either  the  one  or  the  other  system  must  exclusively  prevail. 

"  It  remains  to  say  on  this  point  only  one  word,  to  guard  against 
misapprehension.  If  these  states  are  to  again  become  universally 
slave-holding,  I  do  not  pretend  to  say  with  what  violations  of  the 
Constitution  that  end  shall  be  accomplished.  On  the  other  hand, 
while  I  do  confidently  believe  and  hope  that  my  country  will  yet 
become  a  land  of  universal  freedom,  I  do  not  expect  that  it  will 
be  made  so  otherwise  than  through  the  action  of  the  several  states 
cooperating  with  the  federal  government,  and  all  acting  in  strict 
conformity  with  their  respective  constitutions. 

"  The  strife  and  contentions  concerning  slavery,  which  gently- 
disposed  persons  so  habitually  deprecate,  are  nothing  more  than 
the  ripening  of  the  conflict  which  the  fathers  themselves  not  only 
thus  regarded  with  favor,  but  which  they  may  be  said  to  have 
instituted." 

Mr.  Seward's  speech  at  Rome,  on  the  29th  of  October, 
was  devoted,  mainly,  to  the  allaying  of  certain  local  differ 
ences  which  seemed  likely  to  endanger  the  success  of  the 
republican  ticket  in  that  district.  In  concluding  his  wise 
and  effective  counsels,  he  said  : — 

"It  will  remain  only  in  1860  to  secure  the  executive  department^ 
and  with  that  achievement  the  supreme  court  will  recede  from  its 
untenable  position.  Free  states  will  henceforth  be  organized 
without  resistance.  All  that  has  been  gained  by  the  slave  power, 
in  violation  of  the  Constitution,  will  be  relinquished.  Peace  and 
harmony  will  once  more  return,  and  this  great  problem  of  the 
removal  of  slavery  from  our  land  will  abide  its  solution  in  a 
constitutional  way,  and  under  the  meliorating  influence  of  the  spirit 
of  the  age,  without  convulsion  in  any  state,  without  danger  to  the 
Union,  and  without  injustice  to  any  one  of  the  30,000,000  of 
inhabitants  living  under  the  protection  of  the  best  of  constitutions 
that  humar  wisdom  has  ever  devised." 


184:  THE   HOMESTEAD   BILL. 


CHAPTEE    XXY. 

SECOND    SESSION    XXXVtll    CONGRESS THE    HOMESTEAD    BILL 

THE   INDIANA    SENATORS THE    PACIFIC    RAILROAD. 

THE  second  session  of  the  Thirty-fifth  Congress  met  in 
December,  1858.  Among  the  most  important  subjects 
claiming  its  attention  was  the  Homestead  Bill.  It  having 
passed  the  house  by  a  vote  of  120  to  76,  Mr.  Seward  with 
Mr.  Wade,  and  other  republican  senators,  exerted  all  their 
power  to  secure  its  passage  in  the  senate.  The  session 
being  near  its  close,  it  was  the  policy  of  the  enemies  of 
the  measure  to  postpone  and  prevent  its  consideration. 
On  the  17th  of  February,  the  bill  was  taken  up  by  a  vote 
of  26  to  23,  and  after  desultory  debate,  laid  aside  by  the 
casting  vote  of  the  vice-president.  A  second  attempt  to 
take  it  up  was  defeated,  and  a  motion  to  consider  the  bill 
for  the  acquisition  of  Cuba,  instead,  prevailed.  Several 
similar  efforts  met  the  same  fate,  and  Congress  expired 
without  a  vote  being  taken  in  the  senate  on  this  important 
and  beneficent  measure.  With  two  or  three  exceptions, 
the  friends  of  the  administration  steadily  voted  against  its 
consideration.  Mr.  Seward,  in  a  few  brief  speeches,  urged 
the  friends  of  the  bill  to  stand  firm  and  compel  the 
majority  to  meet  the  issue  between  the  two  questions. 
"  One,  the  Homestead  Bill,  is  a  question  of  homes — of  lands 
for  the  landless  freemen  of  the  United  States.*  The  Cuba 

*  Mr.  Wade  subsequently,  in  homelier,  but  not  less  truthful,  language, 
characterized  the  issue  as  one  between  "Homes  for  the  Homeless,  and  Nig- 
gera  for  the  Niggerless." 


THE    INDIANA   SENATORS.  185 

Bill  is  the  question  of  slaves  for  the  slaveholders  of  the 
United  States." 

His  speeches  and  efforts  were,  as  we  have  seen,  unavail 
ing  against  a  disciplined  and  determined  majority. 

The  legislature  of  Indiana  in  1857  attempted  to  elect 
two  United  States  senators,  but  failed  to  choose  them  in  a 
constitutional  manner.  A  minority,  however,  usurping 
the  power,  sent  Messrs.  Bright  and  Fitch  to  the  senate, 
and  they  were  permitted  to  take  their  seats.  In  1859, 
Messrs.  Lane  and  McCarty  were  constitutionally  and  regu 
larly  elected  by  the  legislature  of  Indiana  to  take  the 
places  unjustly  and  illegally  held  by  Bright  and  Fitch. 
They  appeared  to  claim  their  seats.  Mr.  Seward  moved 
to  grant  them  the  privileges  of  the  senate  until  their 
claims  should  be  decided.  This  was  denied,  and  the 
senate  refused  to  consider  or  to  examine  the  case.  Mr. 
Se ward's  speeches  on  this  question  were  cogent  and  com 
prehensive  arguments  in  favor  of  the  claims  of  Messrs. 
Lane  and  McCarty,  and  against  the  arbitrary  and  unjust 
proceedings  of  the  senate.  Besides  these  speeches,  and 
those  on  the  Pacific  Railroad,  the  Thirty  Million  Bill,  and 
Expenses  and  Revenues,  Mr.  Seward  spoke  more  briefly  on 
the  Amistad  case,  the  Protection  of  American  citizens 
abroad,  and  Post-office  Appropriations.  In  the  debate  on 
the  Pacific  Railroad  Bill,  he  supported  a  provision  that  the 
rails  should  be  of  American  manufacture,  although  indis 
posed  to  embarrass  the  bill  with  any  unnecessary  amend 
ments.  He  at  all  times  made  the  question  of  a  road 
paramount  to  any  consideration  of  its  route  or  details. 
One  of  the  first  to  give  form  to  the  project,. he  constantly 
urged  its  importance  upon  the  senate,  always  treating  the 
subject  in  a  liberal  and  unsectional  manner. 

Mr.  Seward  opposed  the  extravagant  appropriations  in 
the  Civil  and  Diplomatic  Bill,  urging  a  more  economical 
and  systematic  arrangement  of  both  departments. 


186  DEPARTURE  FOK  EUROPE. 


CHAPTER    XXYI. 

SIT  TO    EUROPE HIS    DEPART 

— THE  XXXVlth  CONGRESS,  1859-60 MR.  SEWARD's  RETURN 

TO  THE  SENATE — HIS  SPEECH  ON  THE  ADMISSION  OF  KANSAS 

CONCLUSION. 

AFTER  the  adjournment  of  the  senate,*  Mr.  Seward  de 
termined  to  gratify  his  long-cherished  desire  of  an  extensive 
foreign  tour.  He  had  made  a  brief  and  hurried  visit  to 
Europe  in  1833,  in  company  with  his  father.  He  designed 
now  to  make  a  more  protracted  stay  in  the  countries  he 
then  visited,  and  to  examine  more  thoroughly  into  the 
condition  of  their  inhabitants  and  the  working  of  their 
governments ;  and  also  to  extend  his  journey  into  Asia 
and  Africa. 

He  accordingly  sailed  from  New  York  on  the  7th  of 
May,  in  the  steamship  Ariel.  His  departure  was,  unex 
pectedly  to  him,  made  a  public  event.  The  proceedings 
as  detailed  in  the  newspapers  on  the  following  day  were, 
briefly,  as  follows  : — • 

"  Mr.  Seward  was  waited  upon  at  the  Astor  House,  at  10  o'clock  in  the 
forenoon  by  committees  from  the  two  republican  central  committees.  After 
a  brief  interchange  of  compliments,  the  committee,  with  their  guest  pro 
ceeded  in  carriages  to  Castle  Garden,  where  they  were  received  by  about 
three  hundred  republicans,  mostly  members  of  the  central  committees  and 
escorted  on  board  the  steamer  Josephine,  which  was  waiting  to  convey  the 
party  down  the  bay.  A  brass  cannon  on  board  the  steamer  fired  a  salute, 
Shelton's  Cornet  Band  played  '  Hail  to  the  Chief,'  and  the  boat  left  the  wharf 
amid  vociferous  cheers  from  men  on  board  and  on  shore." 

*  March  10,  1859. 


EUROPEAN    TOUR.  187 

On  parting  with  his  company  at  the  Narrows,  Mr. 
Seward  addressed  them  briefly.  His  closing  sentences 
were  uttered  with  much  emotion. 

Mr.  Seward  remained  abroad  about  eight  months.  Dur 
ing  this  time  he  traversed  no  small  portions  of  Europe, 
Africa,  and  Asia,  visiting  Egypt  and  the  Holy  Land. 
Probably  no  other  American  was  ever  received,  wherever 
he  went,  so  cordially  and  with  such  distinguished  respect. 
The  ruling  classes  of  Europe,  especially,  offered  him  all 
the  opportunities  he  could  desire  for  improving  the  great 
object  of  his  journey.  He  enjoyed,  no  less,  the  company 
and  respect  of  Kossuth,  Lamartine,  Mrs,  Martineau,  Mac- 
kay,  and  other  friends  of  liberty,  in  England  and  on  the 
Continent. 

His  return  to  his  native  land,  on  the  29th  of  December, 
1859,  was  signalized  by  public  demonstrations  and  rejoic 
ing.  At  New  York,  the  Common  Council  tendered  him 
the  civilities  of  the  city,  and  made  arrangements  for  his 
public  reception.  On  his  arrival  in  the  city,  the  mayor 
waited  upon  him  and  accompanied  him  to  the  City  Hall, 
where  a  dense  crowd  of  people  were  waiting  to  receive 
him.  In  response  to  Mayor  Tieman's  address,  Mr.  Seward 
spoke  with  much  eloquence  of  the  happy  condition  of  his 
own  land,  contrasted  with  the  countries  he  had  visited. 
Addressing  Judge  Peabody,  the  committees,  and  the 
citizens  generally,  he  said  : — 

"  My  memory  gives  back  the  recollections  of  May  last,  when 
you  accompanied  me  to  the  steamer  on  the  occasion  of  my  depart 
ure  abroad.  I  know  not  how  much  I  am  indebted  to  that  mani 
festation  of  cordiality  for  the  friendly  reception  which  met  me  in 
all  the  countries  which  I  visited,  which  was  so  grateful  to  my 
feelings.  But  no  day  was  so  pleasant  to  me  as  the  one  which 
brought  me  to  my  native  country. 

"  In  the  Old  World  I  saw  much  to  admire,  much  to  appreciate ; 
but  not  so  much  as  there  is  to  admire  in  the  prosperity  of  my 


188  RETURN    AND   RECEPTION. 

native  land.  I  had  visited  England  a  quarter  of  a  century  ago. 
I  was  asked  on  this  visit  whether  I  had  seen  signs  of  change  and 
improvement.  To  this  I  replied  that  I  had ;  and  was  asked 
whether  there  had  not  been  changes  and  improvements  in  my 
own  country.  I  replied,  with  pride,  *  Yes.'  Twenty-six  years  ago, 
I  lefc  London  built  of  stone,  and  New  York  was  built  of  brick. 
Now,  London  and  Paris  are  indeed  both  of  stone — New  York  of 
marble." 

His  route  home  was  a  triumphal  procession.  At  every 
place  on  the  way,  from  New  York  to  Auburn,  bonfires, 
cannon,  and  speeches  awaited  his  arrival.  His  reception 
in  Auburn  was  such  as  could  have  been  prepared  and 
given  only  by  sincere  and  devoted  friends  to  a  loved 
fellow-citizen  and  cherished  benefactor.  The  railroad 
depot  and  the  streets  of  the  city  through  which  he  passed, 
were  thronged  with  people.  The  military,  the  city  officials, 
and  the  children  of  the  public  schools,  bearing  banners — 
"  Welcome  to  Senator  Seward" — accompanied  him  to  his 
house. 

At  the  gates  of  his  residence,  he  met  the  clergymen  of 
every  denomination  in  the  town,  waiting  to  take  him  by 
the  hand  and  welcome  him  home.  Mr.  Seward  wras  more 
deeply  affected  by  this  scene  than  any  through  which  he 
had  passed.  He  returned  their  hearty  greeting  in  silence, 
and  passed  through  the  line  they  had  formed,  into  his 
house. 

His  reply  to  an  address  made  to  him  by  Michael  S. 
Myers,  Esq.,  on  behalf  of  the  people,  was  a  spontaneous 
and  familiar  talk  with  his  friends.  We  make  room  for  a 
brief  extract : — 

"  It  is  true,  as  you  have  reminded  me,  that  I  have  reached 
another  stage  in  a  journey  that  has  occupied  eight  months  of  time 
and  covered  ten  thousand  miles  of  space — the  last  stage — a  stage 
beyond  which  I  can  go  no  further.  Although  in  this  journey  I 


RECEFflON    AT    HOME.  189 

have  traversed  no  small  portions  of  four  continents  —  Europe, 
Africa,  Asia,  and  America — it  is  not  until  now,  that  I  have  found 
the  place  which,  above  all  others,  I  admire  the  most  and  love  the 
best.  This  place,  this  very  spot  on  which  you  stand,  and  I  stand 
among  you,  is  indeed  the  one  point  on  the  globe,  which,  wherever 
else  I  may  be,  draws  me  back  by  an  irresistible  spell ;  the  place 
where,  when  I  rest,  I  must  dwell — the  only  place  where  I  can  be 
content  to  live,  and  content,  when  life's  fitful  fever  shall  be  over, 
to  die. 

"  It  is  the  spot  cherished  in  my  affections  above  and  beyond  all 
others — above  and  beyond  the  spot  where  I  was  born — above 
and  beyond  the  scenes  in  which  I  was  educated — adorned  and 
marked  as  those  localities  of  my  early  life  are,  by  mountain  and 
river,  by  blue  skies  and  genial  climes — it  is  a  spot  cherished  by 
me  above  and  beyond  the  scenes  of  any  severe  labor — of  any 
arduous  achievement — and  if  I  may  use  the  expression  without 
offence,  of  any  personal  successes.  I  love  it  more  than  the  capital 
of  my  native  state,  although  in  that  capital  I  have  borne  the  baton 
of  civil  authority,  confided  to  me  by  three  millions  of  a  free,  brave, 
and  enlightened  people.  I  love  it  more  than  even  the  senate 
chamber  of  the  great  confederate  Republic  of  which  we  are  all 
citizens — although  in  that  senate  chamber  I  am  authorized  with 
one  other  representative  to  pronounce  the  will  of  the  leading 
member  of  that  confederacy.  I  should  not  despair  of  vindicating 
this  preference  by  comparing  the  natural  advantages,  and  the 
social  development  of  the  valley  of  the  Owa?co,  with  those  of  any 
other  place  you  or  I  have  ever  known.  Lakes,  meadows,  water 
falls,  fields,  forests  are  here,  which  are  nowhere  surpassed ;  and 
comfort,  ease,  intelligence,  enterprise,  and  morals,  that  may  justly 
challenge  comparison  in  any  part  of  the  globe." 

After  spending  the  holidays  with  his  family,  Mr.  Seward 
hastened  to  Washington,  and  resumed  his  labors  in  the 
senate. 

The  house  of  representatives  was  not  yet  organized. 
The  senate  was  in  the  midst  of  an  inflammatory  debate  on 
the  recent  tragedy  at  Harper's  Ferry.  The  whole  country, 


190  GREAT    SPEECH    IN    THE    SENATE. 

indeed,  was  in  an  excitement  unprecedented  and  threaten 
ing.  After  listening  calmly  to  the  discussions  going  on 
around  him,  Mr.  Seward,  on  the  29th  of  February,  deliv 
ered  a  speech  on  the  admission  of  Kansas  into  the  Union, 
giving  his  views  of  the  condition  of  the  country,  and  the 
state  of  parties.  As  this  speech  appears  entire  in  this 
volume,*  we  forbear  any  remarks  or  comments  upon  it. 
The  following  extract  from  a  graphic  description  of  the 
circumstances  attending  its  delivery,  must  suffice: — f 

"The  audience  assembled  to  hear  Governor  Seward's  speech  to-day,  filled 
every  available  spot  in  the  senate  galleries,  and  overflowed  into  all  the  adja 
cent  lobbies  and  passages,  crowding  them  with  throngs  eager  to  follow  the 
argument  of  the  senator,  or  even  to  catch  an  occasional  sentence  or  word ; 
while,  throughout  its  delivery,  a  constant  stream  of  life  flowed  up  and  down 
the  gorgeous  staircases  of  the  chamber,  vainly  beating  against  the  compact 
masses  who  had  been  so  fortunate  as  to  get  early  possession  of  the  ground  ; 
and,  thence  recoiling  and  deflectingt  the  disappointed  current  would  glide  into 
eddies  around  the  hall,  and  linger  in  groups  beyond  ear-shot  of  the  speaker, 
unwilling  to  abandon  all  hope  of  ultimately  catching  a  glimpse  of  the  scene 
transpiring  below. 

"This  attention  was  due  in  a  large  degree  to  the  train  of  profound  reflection, 
the  vein  of  original  thought,  the  graphic  historical  sketches,  the  tasteful  rhe 
torical  ornaments,  the  occasional  apt  quotations  and  allusions,  in  fine,  to  the 
mental  magnetism  which  permeated  his  speech  from  the  beginning  to  the  end 
But  it  was  owing  more,  doubtless  to  the  intrinsic  character  of  the  subject  and 
the  man,  than  to  any  mere  display  of  the  arts  of  the  logician  or  the  ihetoi  iciau. 
It  was  upon  the  theme  of  American  politics;  upon  the  problem  awaiting  solution 
by  the  whole  body  of  our  people.  It  was  the  utterance  of  a  man  whose 
sharply-defined  opinions  upon  that  theme,  pronounced  twenty  years  ago,  then 
found  feeble  echoes,  but  which  have  been  reiterated  until  they  have  become 
the  creed  and  rallying  cry  of  a  party  on  the  eve  of  assuming  the  control  of  the 
National  Government." 

Mr.  Seward  has  now  been  eleven  years  in  the  senate  of 
t  lie  United  States.  Of  his  conduct  in  that  exalted  position, 
his  published  speeches  and  debates  afford  the  most  authen 
tic  illustration.  Amid  the  heated  excitements  of  the  day, 
he  has  been  found  calm,  watchful,  and  earnest,  on  the  post 

*  See  p.  401  f  Correspondence  of  the  "  N.  Y.  Tribune." 


CONCLUSION.  191 

of  duty.  Trustfully  biding  his  time,  he  has  cherished  no 
anxiety  to  vindicate  his  reputation  from  the  aspersions  of 
his  opponents,  save  by  a  uniform  course  of  well-doing. 
In  the  most  ardent  zeal  of  senatorial  debate,  he  has  never 
lost  sight  of  the  decorum  belonging  to  the  place.  Often 
the  subject  of  violent  personalities,  he  has  preserved  the 
courtesy  of  the  gentleman  and  the  dignity  of  the  legislator. 
]S~b  provocation  has  induced  him  to  violate  the  amenities 
of  refined  social  life,  nor  to  reply  to  ill-mannered  abuse 
by  a  retort  in  kind. 

His  fidelity  to  his  political  associates,  has  often  been 
the  subject  of  remark.  During  the  administration  which 
followed  that  of  President  Taylor,  to  be  a  friend  of  Mr. 
Seward  was  to  be  proscribed.  The  price  of  such  partiality, 
to  an  office-holder,  was  invariably  removal.  But  that 
administration  came  into  power  through  the  action  of  the 
whig  party,  from  which  he  derived  his  trust.  Hence,  it 
never  failed  to  receive  the  support  of  Mr.  Seward.  He 
has  neglected  no  suitable  occasion  to  defend  it :  he  has 
never  been  one  of  its  assailants.  It  is  said,  and  we  believe 
truly,  that  he  promptly  sustained  all  its  nominations. 

But  the  most  remarkable  feature  in  his  public  career,  is 
his  consistent  adherence  to  principle.  Guided,  not  by  a 
low  worldly  policy,  or  motives  of  secular  expediency,  but 
by  the  radiant  light  of  ideal  truth,  his  course  has  been 
like  the  path  of  a  noble  ship  on  the  ocean,  faithfully 
steering  by  celestial  luminaries.  His  past  history  presents 
the  best  assurance  of  his  future  activity.  Whatever  the 
sphere  in  which  he  may  be  placed,  it  is  certain  that  he 
will  bring  exalted  talents  to  the  performance  of  the 
humblest  as  well  as  the  noblest  duties,  postponing  all 
private  interests  to  his  love  of  humanity,  and  seeking  as 
the  highest  boon  of  a  manly  life,  the  realization  of  truth, 
justice,  and  love,  in  the  institutions  of  society. 


SELECTIONS. 


INTERNAL   IMPROVEMENTS. 


2H;e  Suspension  of  tlje  public   (JWodts  of  Heto  York  ©ontrcmncti 
anO  tljcfr  3&csumj)tfon  o^crommcnticu. 

THE  fourth  day  of  July  last  completed  a  quarter  of  a  century 
since  the  system  of  internal  improvements  was  undertaken  by 
this  state.  Within  that  period  artificial  navigation  has  been 
opened  throughout  distances  equal  to  eight  hundred  and  three 
miles  :  and  animal  power  in  transportation  has  given  place  to  the 
steam  engine  on  routes  seven  hundred  and  fifty-seven  miles  in 

length Our  revenues  have  been  increased  from  four  hundred 

and  nineteen  thousand  and  nine  hundred  dollars  in  1817  to  one 
million,  nine  hundred  and  fifty-two  thousand  in  1841;  our  school 
and  literature  funds  have  been  doubled ;  the  remote  districts  of 
the  state  have  become  the  homes  of  an  intelligent  and  industrious 
population  ;  four  flourishing  cities  and  upward  of  a  hundred  incor 
porated  villages  have  been  called  into  existence ;  our  commer 
cial  emporium  has  trebled  in  population  and  added  one  hundred 
and  seventy  millions  to  its  wealth  ;  the  revenues,  commerce,  and 
physical  strength,  of  the  whole  commonwealth  have  been  aug 
mented  in  almost  an  equal  proportion ;  and  the  states  are  bound 
together  with  bands  stronger  than  those  of  merely  political  com 
pact,  and  the  danger  of  dismemberment  is  happily  averted. 
New  York  was  the  projector  of  the  system  which,  though  yet 
incomplete,  has  produced  these  wonderful  results ;  and  she  may 
point  to  it  as  a  column  designed  and  shaped  by  herself,  to 
strengthen  and  perpetuate  the  national  structure. 

But  the  high  career  of  prosperous  and  well-directed  enter 
prise  has  been  brought  to  a  sudden  and  humiliating  close.  For 


INTERNAL    IMPROVEMENTS. 

the  first  time  in  the  quarter  of  a  century  which  has  elapsed  since 
the  ground  was  broken  for  the  Erie  canal,  a  governor  of  the 
state  of  New  York,  in  meeting  the  legislature,  finds  himself  una 
ble  to  announce  the  continued  progress  of  improvement.  The 
officers  charged  with  the  care  of  the  public  works,  have  arrested 
all  proceedings  in  the  enlargement  of  the  Erie  canal  and  the 
construction  of  the  auxiliary  works.  The  New  York  and  Erie 
railroad,  with  the  exception  of  forty-six  miles  from  the  eastern 
termination,  lies  in  unfinished  fragments  throughout  the  long 
line  of  southern  counties  stretching  four  hundred  miles  from  the 
Walkill  to  Lake  Erie.  The  Genesee  valley  canal,  excepting  the 
portion  between  Dansville  and  Rochester,  also  lies  in  hopeless 
abandonment.  The  Black  river  canal,  which  was  more  than 
two  thirds  completed  during  the  last  year,  has  been  left  wholly 
unavailable.  As  if  this  were  not  enough,  two  railroads  toward 
the  construction  of  which  the  state  had  contributed  half  a  million 
of  dollars,  and  public-spirited  citizens  large  sums  in  addition, 
have  been  brought  to  a  forced  sale,  and  sacrificed  with  an  almost 
total  loss  to  the  treasury,  without  yielding  any  indemnity  to  the 
stockholders,  and  without  even  securing  a  guaranty  that  the 
people  would  be  permitted  to  enjoy  the  use  of  the  improve 
ments. 

The  painful  emotions  excited  by  the  condition  to  which  the 
public  works  are  thus  reduced,  might  be  somewhat  relieved  if 
there  were  any  well-grounded  hope  that  their  prosecution  would 
be  resumed  within  any  reasonable  period.  But  the  provisions 
of  the  law  suspending  those  works,  as  well  as  the  contemporane 
ous  expositions  of  the  grounds  on  which  it  was  enacted,  with 
every  rational  view  which  can  be  taken  of  its  tendency  forbid 
any  such  expectation.  The  policy  of  the  act  plainly  is,  that  the 
debt  of  the  state  shall  in  no  event  be  increased  for  the  prosecu 
tion  of  improvements  ;  nay,  further,  that  the  whole  of  the  exist 
ing  debts  shall  be  extinguished  before  any  additional  sum  shall 
be  borrowed,  and  that  the  accruing  revenues,  instead  of  being 
appropriated,  as  heretofore,  to  the  prosecution  of  the  works,  shall 
be  henceforth  applied  exclusively  to  the  establishment  of  a  fund 
for  the  extinguishment  of  the  existing  debts,  although,  with  small 
exceptions,  those  debts  are  redeemable  only  at  distant  periods. 
It  is  but  too  apparent  that  these  provisions  render  any  further 

9 


19-1  SELECTIONS. 

progress  in  our  public  works  wholly  impracticable.  The  present 
generation,  if  this  law  continues,  must  abandon  all  hopes  of  see 
ing  the  system  resumed,  and  it  will  only  remain  for  them  to  pay 
the  whole  cost  of  the  works,  in  a  great  degree  useless  because 
left  unfinished,  and  hastening  rapidly  to  dilapidation  and  ruin. 

The  objects  which  the  legislature  had  in  view,  in  directing 
the  suspension  of  the  public  works  were  declared  to  be  to 
pay  the  debts  of  the  state,  and  preserve  its  credit.  The  means 
of  paying  the  debts  are  derived  from  revenues  and  taxes. 
But  the  state,  so  far  from  diminishing,  has  increased  its  indebt 
edness,  by  becoming  liable  to  contractors  for  heavy  damages 
which  might  have  been  avoided  by  prosecuting  the  works  ;  while, 
by  discontinuing  the  necessary  enlargement  of  the  Erie  canal,  the 
increase  of  revenues  hitherto  so  constant  and  so  confidently  relied 
upon  for  the  reimbursement  of  the  debts,  is  checked,  and  must 

ultimately  cease Nor  has  the  expectation  of  restoring 

the  stocks  of  the  state  to  their  former  high  valuation  been  ade 
quately  realized,  and  certainly  not  to  any  extent  commensurate 
with  the  sacrifices  which  have  been  made.  The  fiscal  officers 
of  the  state  are  not  now  able  to  negotiate  loans,  even  at  seven 
per  cent.,  except  occasionally  for  small  amounts.  Under  these 
circumstances,  the  inquiry  arises  whether  the  policy  thus  at 
tempted  ought  to  be  conlinued.  An  imperative  sense  of  duty 
compels  me  again  to  declare  my  conviction  that  it  is  radically 
wrong,  and  that  erroneous  views  have  been  taken  of  the  causes 
of  our  embarrassment. 

######** 

The  people,  however,  look  not  for  temporary  or  partial  relief, 
but  for  the  re-establishment  of  the  system  of  internal  improve 
ment  upon  broad  and  impregnable  foundations.  Our  fellow-citi 
zens  urge  us  to  resume  the  public  works,  by  pleading  the  dis 
tress  which  their  suspension  has  already  produced.  They  point 
us  to  labor  unemployed  and  to  masses  impoverished  ;  to  agricul 
ture  unrewarded  and  burdened ;  to  trade  diminished  and  dis 
couraged  ;  to  credit  paralyzed  ;  to  land  and  property  depreciated, 
and  passing  from  hands  hardened  with  the  labor  of  production 
into  others  that  wait  to  gather  the  ripened  fruits  of  industry :  to 
disappointed  expectations  built  on  the  public  faith,  which  no 
damages  can  reach  or  compensate;  to  dilapidated  structures; 


INTERNAL    IMPROVEMENTS.  195 

with  increasing  expenditures ;  to  diminished  revenues  and  pro 
tracted  taxation  ;  to  increasing  and  hopeless  embarrassment 
and  decaying  enterprise ;  and  to  a  long  and  cheerless  decline, 
from  a  career  in  which  so  much  has  been  won  for  the  interests 
and  honor  of  the  state. 

But  we  need  no  such  painful  incentives.  Progressive  physi 
cal  improvement  comprehending  the  North  as  well  as  the  South, 
the  East  and  the  "West  opening  every  necessary  channel  and 
disclosing  every  resource  which  nature  has  bestowed,  is  emphat 
ically  the  policy  of  the  state.  And  we  are  required  to  return  to 
the  course  we  have  left,  by  every  consideration  of  duty  to  our 
selves,  to  posterity,  to  our  country,  and  to  mankind.  —  Mes 
sage,  Extra  Session,  1842. 

Xcto  Yortt  anD  iHnssacjnisetts/ 

May  it  please  your  Excellency,  Gentlemen  of  the  Senate  and  of 
the  House  of  Representatives  of  the  General  Court  of  Massa 
chusetts  : 

IN  the  name  of  the  senate  and  of  the  assembly  of  New  York, 
in  my  own  behalf,  and  as  well  for  the  absent  as  for  those  pres 
ent,  with  whom  I  have  the  honor  to  be  associated  in  the  affairs 
of  that  state,  I  tender  to  you  acknowledgments  for  this  cordial 
and  fraternal  welcome.  Representatives  are  here  from  our  com 
mercial  metropolis  and  our  agricultural  districts ;  from  the  sea- 
coast  and  the  shores  of  our  lakes ;  and  from  the  valleys  of  the 
Susquehanna,  the  Delaware,  the  Hudson,  and  the  St.  Lawrence  ; 
and  their  unanimity  warrants  me  in  tendeiing  these  salutations 
in  the  name  of  the  people  of  New  York. 

Not  to  know  the  wisdom,  moderation,  and  virtue,  of  your 
counsels,  would  argue  us  unobservant  of  the  prosperity  and 
tranquillity  of  your  commonwealth.  I  congratulate  you,  sir, 
the  chief  magistrate  of  that  commonwealth  [his  excellency  JOHN 
DAVIS],  upon  this  conjunction  of  two  stars  in  our  constellation  as 
an  event  that  will  for  ever  signalize  your  career  of  public  service. 

*  The  completion  of  the  railroad  between  Boston  and  Albany  was  cele 
brated  by  a  meeting  of  the  legislatures  of  Massachusetts  and  New  York  at 
Springfield,  Massachusetts,  in  March,  1842,  on  which  occasion  Governor 
Seward  delivered  this  speech. 


196  SELECTIONS. 

Shall  I  not  confess  that  the  invitation  which  brought  us  here 
excited  our  surprise  1  We  had  supposed  that  we  were  on  the 
very  eastern  verge,  and  that  all  the  broad  and  boundless  West 
lay  between  us  and  the  setting  sun.  But  this  improvement, 
which  you  have  so  strangely  called  the  Western  railroad,  has 
changed  our  position,  and  we  must  now  acknowledge  ourselves 
your  western  brethren. 

We  of  New  York  are  not  a  unique,  or  a  primitive,  or  even 
a  homogeneous  people.  We  trace  no  common  lineage  to  an 
unmingled  ancestry.  The  colony  of  New  Netherlands,  which 
was  the  nucleus  of  our  state,  has  received  accumulations  from 
England,  from  Ireland,  Scotland,  Germany,  France,  Poland, 
and  from  every  other  land,  in  modern  Europe,  where  man 
has  suffered  oppression,  or  arbitrary  power  has  attempted  to 
subject  his  conscience.  The  nervous  languages  of  the  upper 
and  the  lower  Rhine,  and  the  softer  dialects  of  the  Mediter 
ranean,  mingle  in  our  streets  and  in  our  distant  settlements. 
Among  us,  he  alone  is  of  peculiar  birth  whose  blood  allies  him 
to  only  one  fatherland.  It  is  one  of  our  cares,  by  the  agency 
of  benign  and  equal  institutions,  to  assimilate  all  these  various 
masses,  and  reduce  them  to  one  great,  harmonious,  united,  and 
happy  people.  Judge,  then,  with  what  interest  we  regard  a  com 
munity  to  whom  such  efforts  are  unnecessary  and  unknown  —  a 
community  who,  descended  from  a  common  stock,  have  for  two 
centuries  remained  separate  from  other  portions  of  their  race, 
and  retained  throughout  all  that  time  the  primitive  virtues,  ener 
gies,  customs,  forms,  and  habits,  of  their  ancestors. 

The  impress  of  the  New-England  schoolmaster  is  seen  every  - 
.wherc  in  our  state,  and  you  might  obtain  an  acknowledgment 
from  each  one  of  her  representatives  here  that  he  has  profited 
by  that  teacher's  instructions.  Having  thus  known  the  school 
master,  it  was  among  our  motives  to  this  visit  that  we  should 
see  the  land  whence  he  went  abroad,  and  become  acquainted 
with  the  people  whose  ancestors  erected  a  church  simultaneously 
with  their  dwellings,  and  a  university  within  twelve  years  after 
their  landing  at  Plymouth. 

Nor  can  we  forget  that  it  was  Massachusetts  that  encountered 
first  and  suffered  most  from  the  tyranny  which  resulted  in  our 
national  independence  ;  that  the  first  blood  shed  in  that  sacred 


INTERNAL   IMPROVEMENTS.  197 

cause  flowed  at  Lexington  ;  and  that  Liberty's  earliest  rampart 
was  established  upon  Bunker's  hill.  Nevertheless  the  struggles 
and  sacrifices  of  Massachusetts  have  until  now  been  known  to 
us  through  traditions  not  her  own,  and  they  still  seem  to  have 
been  those  of  a  distant  though  an  allied  people — 'of  a  country 
separated  from  us  by  mountain-barriers  such  as  divide  every 
continent  into  states  and  empires.  But  what  a  change  is  here  ! 
This  morning's  sun  was  just  greeting  the  site  of  old  Fort  Orange 
as  we  took  our  leave ;  and  now,  when  he  has  scarcely  reached 
the  meridian,  we  have  crossed  our  hitherto  impassable  barrier, 
and  have  met  you  here  on  the  shore  of  the  Connecticut,  the 
battle-ground  of  King  Philip's  cruel  wars :  and  before  that  sun 
shall  set,  we  might  ascend  the  heights  of  Charlestown,  or  rest 
upon  the  rock  that  was  wet  with  the  blood  that  flowed  from  the 
weary  feet  of  the  pilgrim-fathers. 

Sir,  you  have  well  set  forth  the  benefits  which  will  result  to 
you,  to  us,  to  our  country,  and  to  mankind,  from  the  triumph  of 
modern  science  over  the  physical  obstructions  to  intercourse 
between  the  American  communities.  I  can  advert  to  but  one 
of  these  results  —  the  increasing  strength  of  the  states,  and  the 
perpetuity  of  their  union.  New  York,  Massachusetts,  and  her 
sister-states  of  New  England,  will  no  longer  be  merely  confed 
erated  states.  Their  interests,  their  affections,  and  their  sym 
pathies,  will  now  be  intermingled — and  a  common  and  invisible 
destiny,  whether  of  good  or  evil,  awaits  them  all.  Had  such 
connections  existed  when  the  British  throne  attempted  to  abridge 
the  rights  of  the  colonies,  what  power  could  have  wounded 
Massachusetts  when  New  York  could  have  rushed  to  her  de 
fence  ?  Could  Great  Britain  and  her  savage  allies  have  scourged 
so  severely  our  infant  settlements  upon  the  Mohawk  and  the 
Susquehinna,  if  New  England  could  have  gone  to  their  relief? 
How  vain  will  be  any  attempt  hereafter  to  array  us  n gainst 
each  other  !  Since  Providence  has  been  pleased  to  permit  these 
states  to  be  thus  joined  together,  who  shall  put  them  asunder  ? 

You  have  rightly  assumed  that  on  this  occasion  we  indulge 
no  jealousies  of  your  prosperitv,  and  no  apprehensions  of  losing 
our  power  or  influence.  The  Hudson  is  beautiful  in  our  eyes, 
for  it  flows  through  the  land  of  our  birth,  and  our  institutions 
and  marts  overhang  its  waters.  But  if  its  shores  be  not  the 


198  SELECTIONS. 

true  and  proper  seat  of  commerce  and  of  empire,  or  if  we 
have  not  the  virtues  and  the  energies  necessary  to  retain  our 
vantage-ground,  we  shall  not  try  to  check  the  prosperity  or  the 
political  ascendency  of  our  sister-states.  Far  from  indulging 
such  unworthy  thoughts,  AVC  regard  this  and  every  other  im 
provement  as  calculated  to  promote  our  own  prosperity,  and, 
what  is  far  more  important  than  the  advancement  of  our  state 
or  of  yours,  the  union  and  harmony  of  the  whole  American  fam 
ily.  The  bond  that  brings  us  into  so  close  connection  is  capa 
ble  of  being  extended  from  your  coast  to  the  Mississippi,  and  of 
being  fastened  around  not  only  New  York  and  the  first  thirteen, 
but  all  the  twenty-six  states.  This  is  the  policy  of  New  York, 
and  her  ambition.  We  rejoice  in  your  co-operation,  and  invite 
its  continuance,  until  alarms  of  disunion  shall  be  among  the 
obsolete  dangers  of  the  republic. 

New  York  has  been  addressed  here  in  language  of  magna 
nimity.  It  would  not  become  me  to  speak  of  her  position,  her 
resources,  or  her  influence.  And  yet  I  may,  without  offending 
the  delicacy  of  her  representatives  here,  and  of  her  people  at 
home,  claim  that  she  is  not  altogether  unworthy  of  admiration. 
Our  mountains,  cataracts,  and  lakes,  can  not  be  surveyed  with 
out  lifting  the  soul  on  high.  Our  metropolis  and  our  inland 
cities,  our  canals  and  railroads,  our  colleges  and  schools,  and  our 
twelve  thousand  libraries,  evince  emulation  and  a  desire  to  pro 
mote  the  welfare  of  our  country,  the  progress  of  civilization,  and 
the  happiness  of  mankind.  While  we  acknowledge  that  it  was 
your  WARREN  that  offered  up  his  life  at  Charlestown,  your 
ADAMS  and  your  HANCOCK  who  were  the  proscribed  leaders  in 
the  Revolution,  and  your  FRANKLIN  whose  wisdom  swayed  its 
councils,  we  can  not  forget  that  Ticonderoga  and  Saratoga  are 
within  our  borders  —  that  it  was  a  son  of  New  York  that  fell 
in  scaling  the  heights  of  Abraham  —  that  another  shaped  every 
pillar  of  the  Constitution  and  twined  the  evergreen  around  its 
capital  —  that  our  FULTON  sent  forth  the  mighty  mechanical 
agent  that  is  revolutionizing  the  world  —  and  that  but  for  our 
CLINTON,  his  lofty  genius  and  undaunted  perseverance,  the 
events  of  this  day  and  all  its  joyous  anticipations  had  slept 
together  in  the  womb  of  futurity. 

The   grandeur  of  this  occasion    oppresses  me.     It  is   not,  as 


INTERNAL    IMPROVEMENTS.  199 

some  have  supposed,  the  first  time  that  states  have  met.  On 
many  occasions,  in  all  ages,  states,  nations,  and  empires,  have 
come  together.  But  the  trumpet  heralded  their  approach  ;  they 
met  in  the  shock  of  war :  one  or  the  other  sunk  to  rise  no  more, 
and  desolation  marked,  for  the  warning  of  mankind,  the  scene 
of  the  fearful  encounter.  And  if  sometimes  Chivalry  asked  an 
armistice,  it  was  but  to  light  up  with  evanescent  smiles  the  stern 
visage  of  war.  How  different  is  this  scene  !  Here  are  no  con 
tending  hosts,  no  destructive  engines,  nor  the  terrors  nor  even 
the  pomp  of  war.  Not  a  helmet,  sword,  or  plume,  is  seen  in  all 
this  vast  assemblage.  Nor  is  this  a  hollow  truce  between  con 
tending  states.  We  are  not  met  upon  a  cloth  of  gold,  and  under 
a  silken  canopy,  to  practise  deceitful  courtesies ;  nor  in  an  am 
phitheatre,  with  jousts  and  tournaments,  to  make  trial  of  our 
skill  in  arms  preparatory  to  a  fatal  conflict.  We  have  come 
here  enlightened  and  fraternal  states,  without  pageantry,  or 
even  insignia  of  power,  to  renew  pledges  of  fidelity,  and  to  culti 
vate  affection  and  all  the  arts  of  peace.  Well  may  our  sister- 
states  look  upon  the  scene  with  favor,  and  the  nations  of  the 
earth  draw  from  it  good  auguries  of  universal  and  perpetual 
peace. 


200  SELECTIONS. 


EDUCATION. 


2Tfje  $roj>ev  Unnjje  of  -popular  Htrucatum. 

LET  us  remember  for  ourselves,  and  inculcate  upon  the  peo 
ple,  that  our  progress  thus  far  has  but  led  us  to  the  vestibule  of 
knowledge.  When  we  see  the  people  content  in  the  belief  that 
they  know  all  that  is  known  or  is  desirable  to  be  known,  let  us 
instruct  them  that  there  is  a  science  that  will  reveal  to  them  the 
hidden  and  perpetual  fires  in  which  are  continually  carried  on 
the  formation  and  modification  of  the  rocks  which  compose  this 
apparently  solid  globe,  and  from  whose  elaborate  changes  is  de 
rived  the  sustenance  of  all  that  variety  of  vegetable  life  with 
which  it  is  clothed  :  that  another  will  disclose  to  them  the  ele 
ments  and  properties  of  those  metals  which  men  combine  or 
shape  with  varied  art  into  the  thousand  implements  and  machines 
by  the  use  of  which  the  forest-world  has  been  converted  into  a, 
family  of  kindred  nations ;  that  another  solicits  their  attention, 
while  it  will  bring  in  review  before  them,  so  that  they  can  ex 
amine,  with  greater  care  and  instruction  than  did  their  great  pro 
genitor  in  the  primitive  garden,  all  the  races  of  animated  beings, 
and  learn  their  organization,  uses,  and  history;  that  another 
will  classify  and  submit  to  their  delighted  examination  the  en 
tire  vegetable  kingdom,  making  them  familiar  with  their  virtues 
as  well  as  the  forms  of  every  species,  from  the  cedar  of  Lebanon 
to  the  humble  flower  that  is  crushed  under  their  feet;  that 
another  will  decompose  and  submit  to  their  examination  the  wa 
ter  which  fertilizes  the  earth,  and  the  invisible  air  they  breathe  ; 
will  develop  the  sources  and  laws  of  that  heat  which  seems  to 
kindle  all  life  into  existence,  and  that  terrific  lightning  which 


EDUCATION.  'J01 

seems  the  especial  messenger  of  Divine  wrath  to  extinguish  it. 
Let  us  teach  that  the  world  of  matter  in  which  we  live,  in  all 
its  vast  variety  of  form,  is  influential  in  the  production,  support, 
and  happiness,  of  our  own  life,  and  that  it  is  passing  strange,  that 
with  minds  endowed  with  a  cnpacity  to  study  that  influence  and 
measurably  direct  it,  we  yield  uninquiringly  to  its  action,  as  if 
it  were  controlled  hy  capricious  accident  or  blind  destiny.  Shall 
we  not  excite  some  interest,  when  we  appeal  to  the  people  to 
learn  that  science  which  teaches  the  mechanism  of  our  own 
wonderfully  and  fearfully  fashioned  frames,  and  that  other 
science  which  teaches  the  vastly  more  complicated  and  delicate 
structure  of  our  immortal  minds  ?  Who  would  not  follow  with 
delight  that  science  which  elevates  our  thoughts  to  the  heavens 
and  teaches  us  the  magnitude,  forms,  distances,  revolutions,  and 
laws  of  the  globes  that  fill  the  concave  space  above  us  ?  And 
who,  with  thoughts  thus  gradually  conducted  through  the  range 
of  the  material  universe,  would  not  receive  with  humility,  yet 
with  delight,  the  teachings  of  that  spirit  of  divine  truth  which 
exalts  us  to  the  study  of  the  character  and  attributes  of  that  glo 
rious  and  beneficent  Being,  whose  single  volition  called  it  all 
into  existence  ?  Let  us  teach  the  people  all  this,  and  let  us 
show  them  that,  while  we  sit  contentedly  in  comparative  igno 
rance,  the  arts  are  Avaiting  to  instruct  us  how  to  reduce  the 
weary  labors  of  life ;  philosophy,  how  to  avoid  its  errors  and 
misfortunes ;  and  eloquence,  poetry,  and  music,  how  to  cheer  its 
way  and  refine  our  affections  ;  and  that  Religion  is  most  efficient 
when  she  combines  and  profits  by  all  these  instructions,  to  con 
duct  us  to  happiness  in  a  future  state.  Above  all,  let  us  incul 
cate  that  the  great  and  beneficent  Being  who  created  us  and 
this  material  universe,  has  established  between  each  of  us,  and 
every  part  of  it  cognisable  by  our  minds,  relations  more  or  less 
intimate  ;  that  he  has  impressed  not  more  on  the  globes  that  roll 
through  the  infinitude  of  space  than  on  the  pebble  that  lies  be 
neath  our  feet — not  more  on  the  immovable  continent  than  on 
the  rolling  sea — not  more  on  the  wind  and  lightning  than  on  the 
ethereal  mind  of  man  ;  and  not  more  on  the  human  soul  than  on 
the  dimly-lighted  instinct  of  the  gloAv-worm,  or  of  the  insect  vis 
ible  only  by  microscopic  aid  —  "laws  that  determine  their  or 
ganization,  their  duration,  time,  place,  circumstance,  and  action ; 

9* 


202  SELECTIONS. 

that  for  our  security,  improvement,  and  happiness,  he  has  sub 
jected  these  laws  to  our  keen  investigation  and  perpetual  dis 
covery  ;  and  that,  vast  as  is  the  range  of  that  discovery,  so  vast 
and  more  extended  than  we  can  describe,  or  can  yet  be  conceiv 
ed,  is  knowledge ;  and  that  to  attain  all  this  knowledge — is 
Education!" — Address  at  Westficld,  N.  Y".,  1837. 

•Popular  HOticntioit  a  2Lebrllcr, 

THE  aristocracy  with  which  the  world  has  been  scourged  was 
never  one  that  was  produced  by  science  and  learning.  That 
education  increases  the  power  of  those  who  enjoy  its  advantages 
is  true ;  and  in  this  best  sense  is  education  aristocratic.  In  this 
sense,  science  and  learning  always  will  create  an  aristocracy  in 
every  country  where  they  are  cherished.  Not  an  aristocracy 
of  birth,  for  it  is  education  that  has  exploded  among  us  the  prej 
udice  in  favor  of  birth.  To  it  we  owe  our  exemption  from  the 
error  prevalent  all  over  the  rest  of  the  world,  that  no  man  is  so 
fit,  or  so  well  entitled,  to  be  a  king  as  he  who  is  the  son  of  a 
king  ;  none  so  brave  as  he  whose  father  was  a  warrior ;  none  so 
well  entitled  to  the  enjoyment  of  wealth  as  he  whose  ancestors 
were  rich.  Nor  is  the  aristocracy  produced  by  education  that  of 
wealth  ;  for  knowledge  pays  no  respect  to  mere  wealth  :  it  hum 
bles  all  pretensions  except  those  of  virtue  and  intellect.  But 
the  aristocracy  produced  by  education  is  the  increased  power 
and  influence  of  the  most  enlightened,  and  therefore  the  most 
useful,  members  of  society.  However  repugnant  we  may  be  to 
admit  the  truth,  and  however  glaring  may  be  the  exceptions  to 
it,  it  is  nevertheless  a  sound  general  principle  that  knowledge  is 
power.  Whatever  there  is  in  our  lot  that  distinguishes  us  from 
the  disfranchised  peasantry  of  continental  Europe,  or  the  tur- 
baned  followers  of  the  prophet,  or  the  mutually-warring  Africans 
in  their  native  deserts,  or  their  abject  offspring  here,  or  the  ab 
origines  of  our  forests,  all  is  knowledge  obtained  by  education  ; 
and,  compared  with  all  those  classes  of  our  common  race,  we  are 
aristocratic.  We  exercise  greater  power,  because  we  are  wiser, 
and  therefore  better,  than  they.  In  every  stage  of  society  this 
tendency  of  education  has  been  observed.  He  who  first  learned 
the  malleable  property  of  iron,  and  first  shaped  the  axe  and  the 


EDUCATION.  203 

ploughshare,  became  an  aristocrat.  He  who  first  attenuated  and 
wove  the  fleece,  he  who  first  smoothed  and  rendered  pliable  the 
skins  of  beasts,  he  who  first  erected  the  rude  huts  for  his  tribe 
—  all  these,  all  classes  of  mechanics,  have  in  their  day  been,  and 
all  who  exercise  their  callings  will  be,  aristocrats.  They  all  ex 
ercise  an  influence,  great  in  proportion  to  their  knowledge.  It 
is  inevitable,  because  it  is  the  wisdom  of  Providence  that  the 
world  shall  be  governed  by  ascendant  minds.  Our  own  obser 
vation  shows  us  daily  that  knowledge  gives  the  capacity  for  use 
fulness  ;  and  he  who  is,  or  is  esteemed,  useful,  is  by  consent  in 
vested  with  power.  In  agriculture,  lie  who  adds  science  to  labor 
is  an  aristocrat,  compared  with  the  drudge  who  performs  an 
allotted  task.  He  who  in  the  mechanic  arts  adds  skill  to  patient 
industry,  rises  instantly  above  the  iminstructecl  artisan ;  and  he 
who  to  industry  and  skill  adds  taste,  is  far  above  the  competi 
tion  of  the  dull  and  plodding  workman.  If,  at  this  day,  wealth 
sometimes  usurps  the  place  of  intellect  and  appropriates  its  hon 
ors,  it  is  only  because  public  sentiment  is  perverted,  and  requires 
to  be  corrected  by  a  higher  standard  of  education.  But,  although 
education  increases  the  power  and  influence  of  its  votaries,  it 
has  no  tendency  like  other  means  of  power  to  confine  its  advan 
tages  to  a  small  number :  on  the  contrary,  it  is  expansive  and 
thus  tends  to  produce  equality,  not  by  levelling  all  to  the  condi 
tion  of  the  base,  but  by  elevating  all  to  the  association  of  the 
wise  and  good.  If,  then,  we  would  advance  popular  education, 
if  we  would  secure  the  success  of  our  common  schools,  and  ex 
tend  their  advantages  to  the  whole  people,  we  must  remember 
that  education  is  a  catholic  cause,  and  must  banish  all  prejudices 
that  retard  improvement  in  any  direction.  —  Address  at  West- 
field,  N.  Y.,  1837. 

STIje  Snmr. 

OUR  institutions,  excellent  as  they  are,  have  hitherto  produced 
but  a  small  portion  of  the  beneficent  results  they  are  calculated 
to  confer  upon  the  people.  The  chief  of  those  benefits  is  equal 
ity.  We  do  indeed  enjoy  equality  of  civil  rights ;  but  we  have 
not  yet  attained,  we  have  only  approximated  toward,  what  is 
even  more  important  —  equality  of  social  condition. 


204  SELECTIONS. 

From  the  beginning  of  time,  aristocracy  has  existed,  and  so 
ciety  has  been  divided  into  classes  —  the  rich  and  the  poor — 
the  strong  and  the  dependent  —  the  learned  and  the  unlearned ; 
and  from  this  inequality  of  social  condition  have  resulted  the 
ignorance,  the  crime,  and  the  sufferings  of  the  people.  Let  it 
excite  no  wonder  when  I  say  that  this  inequality  exists  among 
us,  and  that  aristocracy  has  a  home  even  in  the  land  of  freedom. 
It  does  not,  indeed,  deprive  us  of  our  civil  rights,  but  it  prevents 
the  diffusion  of  prosperity  and  happiness.  We  should  be  degen 
erate  descendants  of  our  heroic  forefathers  did  we  not  assail  this 
aristocracy,  remove  the  barriers  between  the  rich  and  the  poor, 
break  the  control  of  the  few  over  the  many,  extend  the  largest 
liberty  to  the  greatest  number,  and  strengthen  in  every  Avay  the 
democratic  principles  of  our  constitution. 

This  is  the  work  in  which  you  are  engaged.  Sunday  schools 
and  common  schools  are  the  great  levelling  institutions  of  the 
age.  What  is  the  secret  of  aristocracy  ?  It  is,  that  knowledge 
is  power.  Knowledge,  the  world  over,  has  been  possessed  by 
the  few,  and  ignorance  has  been  the  lot  of  the  many.  The  mer 
chant —  what  is  it  that  gives  him  wealth?  The  lawyer — what 
is  it  that  gives  him  political  power?  The  clergy — what  is  it 
that  gives  them  influence  so  benign  for  good  purposes,  so  effec 
tive  for  mischievous  ends  ?  Knowledge.  What  makes  this 
man  a  common  laborer,  and  the  other  a  usurer — this  man  a 
slave,  and  the  other  a  tyrant  ?  Knowledge.  Knowledge  can 
never  be  taken  from  those  by  whom  it  has  once  been  attained  ; 
and  hence  the  power  which  it  confers  upon  the  few  can  not  be 
broken  Avhile  the  many  are  uneducated.  Strip  its  possessors  of 
all  their  wealth,  and  power,  and  honors,  and  knowledge  still  re 
mains  the  same  mighty  agent  to  restore  again  the  inequality  you 
have  removed.  But  there  is  a  more  effectual  way  to  banish 
aristocracy  from  among  us.  It  is  by  extending  the  advantages 
of  knowledge  to  the  many — to  all  the  citizens  of  the  state. 
Just  so  far  and  so  fast  as  education  is  extended,  democracy  is 
ascendant. 

I  wish  you,  my  fellow-citizens,  God  speed  in  your  benevolent 
and  patriotic  labors.  Seldom  does  it  happen  to  any  citizen  to 
render  to  his  country  any  service  more  lasting  or  more  effectual 
than  that  which  is  accomplished  by  the  teachers  of  such  schools 


EDUCATION.  205 

as  these.  While  they  are  at  work  throughout  the  country,  we 
need  indulge  no  fears  of  extending  too  widely  the  privilege  of 
suffrage  and  the  right  of  citizenship.  —  Address  at  Sunday-School 
Celebration,  July  4,  1839. 


THERE  remains  to  be  noticed  an  error  scarcely  "less  extensive, 
or  less  pernicious,  than  any  I  have  mentioned.  It  is  that  which 
limits  to  a  comparatively  lower  standard  the  education  of  the 
female  sex.  We  may  justly  boast  in  this  country  a  higher  and 
more  deferential  regard,  a  more  chivalrous  devotion,  to  the  sex 
than  is  exhibited  by  any  other  nation.  I  myself  have  compared 
our  sentiments  and  customs,  in  this  respect,  with  those  of  western 
Europe.  I  have  seen,  indeed,  in  some  other  countries,  the  more 
ardent  and  impassioned  devotion  that  marks  the  clime  where 
licentiousness  assumes  the  name  of  love,  but  is  not  imbued  with 
any  of  its  sentiment,  nor  elevated  by  any  of  its  purity.  I  have 
seen,  under  colder  skies,  more  humble  homage  paid  to  individ 
uals,  because  they  were  distinguished  by  learning,  accomplish 
ments,  birth,  wealth,  or  beauty.  But  it  is  in  this  land  only  that 
respect  and  tenderness  are  yielded  to  women  because  they  are 
women.  If  the  vehement  imagination  of  other  countries  is  here 
subdued,  and  passion  is  modified,  the  romance  and  poetry  of 
other  lands  are  here  converted  into  a  real  and  living  sentiment. 
There  is  no  other  country  where  the  humblest  female  receives, 
from  the  highest  in  rank  of  the  other  sex,  the  surrender  of  the 
chief  place  in  public  assemblies,  not  more  than  in  the  social  circle 
—  in  accidental  meetings  by  the  way,  not  less  than  in  the  cere 
monials  of  fashionable  life.  In  Italy,  often  described  as  the 
land  where  beauty  wields  a  despotic  sway,  I  have  seen  women 
rolling  huge  stones  from  the  mountain-roads.  In  France,  the 
land  of  gallantry  and  v  politeness,  I  have  seen  them  performing 
the  labor  of  porters  :  in  refined  England,  the  task  of  scavengers 
of  the  streets.  And  in  all  those  countries,  I  have  seen  them 
employed  in  field  labor,  with  countenances  hardened  by  exposure 
to  all  vicissitudes  of  weather,  and  hands  familiar  with  the  spade 
and  the  plough.  It  reflects  great  honor  upon  our  national  char 
acter  that  such  degradation  of  the  sex  is  never  exhibited  here. 


206  SELECTIONS. 

But  there  yet  remains  a  duty  toward  women  to  be  learned  by  us 
all  ;  and  that  is,  to  make  their  education  equal  always  to  that 
of  the  other  sex.  He,  it  seems  to  me,  is  a  dull  observer,  who 
is  not  Convinced  that  they  are  equally  qualified  with  the  other 
sex,  for  the  study  of  the  magnificent  creation  around  us,  and 
equally  entitled  to  the  happiness  to  be  derived  from  its  pursuits  : 
and  still  more  blind  is  he,  who  has  not  learned  that  it  was  the 
intention  of  the  Creator  to  commit  to  them  a  higher  and  greater 
portion  of  responsibility  in  the  education  of  the  youth  of  both 
sexes.  They  are  the  natural  guardians  of  the  young.  Their 
abstraction  from  the  engrossing  cares  of  life,  affords  them  leisure 
both  to  acquire  and  communicate  knowledge.  From  them  the 
young  more  willingly  receive  it,  because  the  severity  of  disci 
pline  is  relieved  with  greater  tenderness  and  affection  while  their 
quicker  apprehension,  enduring  patience,  expansive  benevolence, 
higher  purity,  more  delicate  taste  and  elevated  moral  feeling, 
qualify  them  for  excellence  in  all  departments  of  learning,  except 
perhaps  the  exact  sciences.  If  this  be  true,  how  many  a  repul 
sive,  bigoted,  and  indolent  professor  will,  in  the  general  improve 
ment  of  education,  be  compelled  to  resign  his  claim  to  modest, 
assiduous,  and  affectionate  woman  ?  And  how  many  conceited 
pretenders  who  now  wield  the  rod  in  our  common  schools,  with 
out  the  knowledge  of  human  nature  requisite  for  its  discreet  ex 
ercise  —  too  indolent  to  improve,  and  too  proud  to  discharge 
their  responsible  duties,  will  be  driven  to  seek  subsistence  else 
where  ?  It  is  not,  as  is  generally  supposed,  the  female  sex 
alone  who  suffer  by  this  exclusion  from  their  proper  sphere. 
Whatever  is  lost  to  the  other  sex,  of  the  advantages  of  their 
nurture  and  cultivation,  is  an  additional  loss  to  our  common  race. 
—  Address  at  Wcxffieltl,  N.  Y.,  1837. 


Empvobcmtnt  of  -popular  Htruratfon  must  fceflin  not  toil!)  tljc 
mrnt  but  toitf)  lf;e 


FELLOW-CITIZENS,  it  is  less  the  object  of  this  discourse  to  give 
practical  suggestions  for  the  reform  of  education,  than  it  is  to 
excite  an  interest  in  its  behalf;  yet  I  will  add,  in  order  that  it 
may  not  appear  altogether  without  practical  tendency,  that  if 
we  would  communicate  an  effective  impulse  to  the  cause,  we  are 


EDUCATION.  207 

not  to  wait  the  action  of  the  government.  Our  government  acts 
only  in  obedience  to  popular  influence,  and  in  pursuance  of  pop 
ular  direction.  It  is  not  in  its  principles  to  anticipate  the  one,  or 
resist  the  other.  Like  all  other  reforms,  this  must  be  effected 
by  a  combination  of  individual  efforts,  to  stimulate  and  enlighten 
the  public  mind.  In  the  present  case  public  feeling  is  not  to  be 
reached  from  a  distant  point.  A  more  practicable  course  is 
offered.  We  must  begin  at  home,  with  the  schools  around  us, 
and  among  that  portion  of  the  community  in  which  we  reside. 
Let  us  revive  the  system  of  visitation  and  examination  of  our 
academies  and  schools.  This  all-important  feature  in  every  plan 
of  public  instruction  has,  during  a  long  period,  fallen  into  desue 
tude.  The  officers  invested  with  the  responsibility  of  discharg 
ing  the  duty,  unfortunately,  are  selected  as  the  favorites  of  some 
political  party,  and  do  not  even  make  a  nominal  visitation  of  the 
institutions  subject  to  their  examination.  The  right  of  visitation, 
however,  is  not  divested  from  parents  and  patrons  of  these 
schools.  If,  in  addition  to  the  examinations  heretofore  practised, 
there  could  be  adopted  some  plan  in  pursuance  of  which,  institu 
tions  of  equal  rank  situated  in  the  same  vicinity  could  be  brought 
into  comparative  examination,  competition  would  at  once  be  pro 
duced  between  instructors,  and  emulation  among  pupils ;  increased 
interest  would  be  excited  on  the  part  of  parents,  and  a  lively 
concern  in  the  whole  community. 

I  appeal  to  all  patriots  and  Christians  to  consider  the  subject 
upon  which  I  have  presented  these  hasty  remarks,  and  adopt 
such  measures  as  shall  be  found  expedient  to  discharge  the 
responsibility  they  owe  to  their  children,  to  tfie  church  of  our 
Savior,  to  our  common  country,  and  to  the  great  family  of  man 
kind.—  Address  at  Westficld*  N.  Y.,  1837. 

HOucatfon  pvrfcvablc  to  Conquest. 

THE  distinguished  senator  from  Kentucky  [Mr.  CLAY],  sev 
eral  years  since,  by  his  great  influence  in  the  councils  of  tlie 
nation,  secured  the  distribution  among  the  several  states  of  this 
Union  of  a  portion  of  the  surplus  revenues  of  this  government. 
I  was  at  a  distance,  an  humble  follower  and  approver  of  that 
policy.  The  result  of  it  in  other  states  I  do  not  know.  But 


208  SELECTIONS. 

you,  Mr.  President  [Mr.  FILLMORE],  can  testify  with  me  the 
result,  the  beneficent  result,  in  the  state  of  New  York,  from 
which  we  come.  The  share  which  was  allotted  to  us  was  six 
millions  of  dollars  ;  the  amount  we  received  was  four  millions, 
five  hundred  thousand  dollars.  Every  dollar  of  that  four  and  a 
half  millions,  sir,  more  than  ten  years  ago,  went  to  the  founda 
tion  of  public  schools,  academies,  seminaries,  and  other  higher 
institutions  of  learning,  and  of  libraries  for  the  common  people. 
And,  sir,  I  will  now  state  to  the  senate  —  and  I  am  proud  that, 
in  behalf  of  the  state  of  New  York,  I  am  here  this  day  to  state 
it  to  the  praise  and  honor  of  the  distinguished  senator  from  Ken 
tucky —  the  condition  of  the  state  of  New  York,  of  the  people, 
bond  and  free  —  I  might  say,  if  we  had  any  of  the  former  class 
—  native  and  foreigner,  to  which  they  have  been  brought  by  this 
act  of  justice  —  I  will  not  call  it  benevolence.  Sir,  the  state  of 
New  York,  having  a  population  of  three  millions  of  people,  has 
not  in  it  one  child  of  citizen  or  foreigner  that  is  not  educated, 
from  the  age  of  five  years  to  the  age  of  twenty  years,  at  the 
public  cost  and  expense.  Again,  sir :  at  the  distance  of  every 
mile  and  a  half  on  every  main  road,  railroad,  canal,  and  cross 
road —  separated  by  only  a  mile  and  a  half — is  the  schoolhouse 
of  New  England.  The  schoolmaster  is  at  home  everywhere  in 
New  Yorjt,  and  all  the  time  ;  and  New  York  has  made  a  trial 
of  the  blessed  example  of  Massachusetts  and  Connecticut.  This 
is  what  has  been  done  in  my  day,  since  my  and  your  experience 
began  ;  and  more  than  that :  in  every  one  of  these  schoolhouses 
is  a  public  library  of  two  hundred  and  fifty  volumes,  containing 
all  that  is  interesting  in  ancient  or  modern  history  or  science, 
literature,  geography,  and  every  other  branch  of  human  knowl 
edge,  open  and  accessible  to  every  citizen  —  man,  woman,  and 
child  —  in  the  state  of  New  York.  Yes,  sir,  these  four  millions 
and  a  half  have  supplied  us  with  libraries  which,  taken  collec 
tively,  contain  more  than  one  million  of  volumes. 

More  than  that,  sir :  there  has  not  been  left  in  the  state  of 
New  York  the  blind  person  who  has  not  been  taught  to  read 
his  bible  —  there  has  not  been  left  in  the  state  the  deaf  and 
dumb,  the  mute,  who  has  not  been  brought  to  be  able  to  give 
expression  of  his  gratitude  and  praise  to  God,  and  to  the  state 
which  has  brought  him  from  ignorance  and  degradation  below 


EDUCATION.  209 

his  race.  More  than  that,  sir ;  we  have  not  neglected  that  other 
unfortunate  class.  I  have  been  asked,  why  not  consider  the 
free  negroes  ?  Sir,  the  free  negroes  have  been  considered. 
This  fund  has  been  appropriated  to  their  advancement,  also ;  to 
raise  their  condition ;  to  cultivate  them  to  exercise  the  rights  of 
self-government,  and  to  carry  on  the  great  work  of  the  emanci 
pation  of  their  race  wherever  they  are  found  in  bondage.  Yes, 
sir,  five  thousand  children  of  the  African  race  are  educated  out 
of  this  great  fund  of  national  benevolence.  What  becomes  of 
the  reproach,  then,  that  this  is  a  charity  ?  What  would  have 
been  the  disposition  of  this  fund  if  it  had  been  left  here,  sir  1 
It  would  have  been  expended  as  the  revenues  of  this  country, 
always  too  large,  too  liberal,  have  been  expended,  in  improvi 
dence.  It  is  therefore  that  I  have  always  claimed  that  it  should 
be  distributed  among  the  states,  that  they  might  apply  it  to 
works  of  advancement — progress  —  humanity. 

No\v,  sir,  there  has  been  no  diminution  of  the  fund  all  this 
time.  While  we  have  been  enjoying  this  four  and  a  half  mil 
lions,  there  is  not  one  dollar  of  it  gone.  Every  dollar  is  there 
yet.  It  is  still  in  the  treasury  of  the  state  of  New  York ; 
and  all  that  has  been  done  has  been  only  by  the  use  of  the 
money.  Tell  me,  sir,  is  it  not  wiser  to  make  such  a  distribution 
of  this  fund  than  it  would  be  to  employ  it  in  encouraging  prodi 
gality  in  the  government ;  than  to  encourage  that  lust  of  con 
quest  in  which  the  Mexican  war  had  its  origin,  by  which  were 
brought  into  this  Union  seven  hundred  and  sixty-three  millions 
of  acres  of  public  domain,  to  be  added  to  the  one  thousand  mil 
lions  we  had  before  1  What  has  it  wrought  1  It  has  proved, 
in  the  words  of  an  honorable  senator  here,  but  a  Pandora's  box 
of  evils ;  and  we  are  entertained  here,  day  after  day,  with  the 
intelligence  that  the  Union  must  be  dissolved — that  it  is  really 
now  dissolved — even  to-day.  We  employed  the  revenues  of 
the  public  domains  in  extending  our  dominions,  that  were  too 
large — unnecessarily  large  —  already.  Sir,  I  want  no  more 
Mexican  wars,  no  more  lust  of  conquest,  no  more  of  seizing  the 
unripened  fruit,  which,  if  left  alone,  would  of  itself  fall  into  our 
hands.  —  Speech  in  U.  S.  Senate,  Jan.  30,  1850. 


210  SELECTIONS. 


£fjc  33il)Ie  t})e  Uasis  of  Republican  Institutions. 

WHAT  is  that  which  has  enabled  the  Scriptures  of  the  Jews 
to  supplant  all  other  writings  of  antiquity,  and  to  maintain  an 
authority  and  veneration  unapproachable  by  even  modern  learn 
ing  1  It  is  the  fact  that  they  describe  the  Creator  and  man 
more  accurately  according  to  the  standard  of  enlightened  reason, 
and  define  the  relations  between  them  more  justly  according  to 
the  suggestions  of  the  human  heart.  I  am  asked,  what  is  my 
opinion  of  the  influence  of  the  Holy  Scriptures  on  human  soci 
ety  ?  I  answer,  that  I  do  not  believe  human  society,  including 
not  merely  a  few  persons  in  any  state,  but  whole  masses  of  men, 
ever  has  attained,  or  ever  can  attain,  a  high  state  of  intelli 
gence,  virtue,  security,  liberty,  or  happiness,  without  them ;  and 
that  the  whole  hope  of  human  progress  is  suspended  on  the 
ever-growing  influence  of  the  Bible 

The  constitution  of  the  United  States  established  a  republican 
form  of  government  for  the  free  people  of  this  Union  j  and  it 
has  ordained  that  once  in  every  ten  years  the  number  of  souls 
under  the  protection  of  that  constitution,  and  in  the  enjoyment 
of  the  freedom  which  it  secures,  shall  be  ascertained,  in  order 
that  their  political  rights  shall  be  secured,  and  that  each  portion 
of  the  country  shall  enjoy  its  just  and  proper  proportion  of 
power.  I  know  not  how  long  a  republican  form  of  government 
can  flourish  among  a  people  who  have  not  the  Bible  :  the  experi 
ment  has  never  been  tried  ;  but  this  I  do  know,  that  the  exist 
ing  government  of  this  country  never  could  have  had  an  exist 
ence  but  for  the  Bible.  And  further :  I  do  in  my  conscience 
believe,  that  if  at  every  decade  of  years  a  copy  of  the  Bible 
shall  be  found  in  every  family  of  the  land,  its  republican  institu 
tions  will  be  perpetual.  —  Address  before  Am.  Bib.  Society,  1839. 

£I)c  J&ustem  of  -public  .Schools  jDefectibe.— Simentnncnt  3pi-opose&. 

THE  colleges,  academies,  and  common  schools,  constitute  our 
system  of  public  instruction.  The  pervading  intelligence,  the 
diminution  of  crime,  the  augmented  comforts  and  enjoyments  of 
society  and  its  progressive  refinement,  public  order,  and  the  su- 


EDUCATION.  211 

premacy  of  the  laws,  testify  that  the  system  has  been  by  no 
means  unsuccessful. 

It  must  nevertheless  be  admitted,  that  its  usefulness  is  much 
less  than  the  state  rightfully  demands,  botli  as  a  return  for  her 
munificence  and  a  guaranty  of  her  institutions.  Some  of  our  col 
leges  and  academies  languish  in  the  midst  of  a  community 
abounding  in  genius  and  talents  impatient  of  the  ignorance 
which  debases  and  the  prejudices  which  enslave.  The  common 
school  system,  but  partially  successful  in  agricultural  districts,  is 
represented  as  altogether  without  adaptation  to  cities  and  popu 
lous  villages.  The  standard  of  education  ought  to  be  elevated, 
not  merely  to  an  equality  with  that  attained  in  other  states,  but 
to  that  height  which  may  be  reached  by  cultivating  the  intel 
lectual  powers  with  the  aid  of  modern  improvements  during  the 
entire  period  when  the  faculties  are  quick  and  active,  the  curi 
osity  insatiable,  the  temper  practicable,  and  the  love  of  truth 
supreme.  The  ability  to  read  and  write,  with  the  rudiments  of 
arithmetic,  generally  constitute  the  learning  acquired  in  com 
mon  schools.  To  these  our  academies  and  colleges  add  super 
ficial  instruction  in  the  dead  languages  without  the  philosophy 
of  our  own ;  scientific  facts  without  their  causes ;  definitions 
without  practical  application  ;  the  rules  of  rhetoric  without  its 
spirit;  and  history  divested  of  its  moral  instructions.  It  is 
enough  to  show  the  defectiveness  of  our  entire  system  that  its 
pursuits  are  irksome  to  all  except  the  few  endowed  with  peculiar 
genius  and  fervor  to  become  the  guides  of  the  human  mind,  and 
that  it  fails  to  inspire  either  a  love  of  science  or  a  passion  for 
literature.  Science  is  nothing  else  than  a  disclosure  of  the 
bounties  the  Creator  has  bestowed  to  promote  the  happiness  of 
man,  and  a  discovery  of  the  laws  by  which  mind  and  matter  are 
controlled  for  that  benignant  end.  Literature  has  no  other  ob 
ject  than  to  relieve  our  cares  and  increase  our  virtues.  That 
the  pursuits  of  either  should  require  monastic  seclusion,  or  be  en 
forced  by  pains  and  penalties  upon  reluctant  minds,  is  inconsist 
ent  with  the  generous  purposes  of  both.  Society  can  not  be 
justly  censured  for  indifference  to  education,  when  those  who 
enjoy  its  precious  advantages  manifest  so  little  of  the  enthusi 
asm  it  ought  to  inspire.  All  the  associations  of  the  youthful 
mind  in  the  acquisition  of  knowledge  must  be  cheerful ;  its 


212  SELECTIONS. 

truths  should  be  presented  in  their  native  beauty  and  in  their 
natural  order ;  the  laws  it  reveals  should  be  illustrated  always 
by  their  benevolent  adaptation  to  the  happiness  of  mankind ; 
and  the  utility  and  beauty  of  what  is  already  known  should  in 
cite  to  the  endless  investigation  of  what  remains  concealed.  If 
education  could  be  conducted  upon  principles  like  these,  the  at 
tainments  of  our  collegiate  instruction  might  become  an  ordi 
nary  measure  of  acquirement  in  our  common  schools ;  and  our 
academies  and  colleges  would  be  continually  enjoying  new  rev 
elations  of  philosophy  and  attaining  higher  perfection  in  the  arts 
which  alleviate  the  cares  of  human  life. 

If  these  reflections  seem  extravagant,  and  the  results  they 
contemplate  unattainable,  it  need  only  be  answered  that  the 
improvability  of  our  race  is  without  limit,  and  all  that  is  pro 
posed  is  less  wonderful  than  what  has  already  been  accom 
plished.  I  do  not  hesitate  to  invite  efforts  to  establish  the  stand 
ard  I  have  described.  Postponed,  omitted,  and  forgotten,  as  it 
too  often  is  amid  the  excitement  of  other  subjects  and  the  pres 
sure  of  other  duties,  education  is,  nevertheless,  the  chief  of  our 
responsibilities.  The  consequences  of  the  most  partial  improve 
ment  in  our  system  of  education  will  be  wider  and  more  endu 
ring  than  the  effects  of  any  change  of  public  policy,  the  benefit 
of  any  new  principle  of  jurisprudence,  or  the  results  of  any  en 
terprise  of  physical  improvement  we  can  accomplish.  These 
consequences  will  extend  through  the  entire  development  of  the 
human  mind,  and  be  consummated  only  with  its  destiny. — An 
nual  Message,  1839. 

jEtmcnttott  of  tfjc  <£f)tl&rcn  of  Hyihs. 

THE  children  of  foreigners,  found  in  great  numbers  in  our  pop 
ulous  cities  and  towns,  and  in  the  vicinity  of  our  public  works, 
are  too  often  deprived  of  the  advantages  of  our  system  of  public 
education,  in  consequence  of  prejudices  arising  from  difference 
of  language  or  religion.  It  ought  never  to  be  forgotten  that  the 
public  welfare  is  as  deeply  concerned  in  their  education  as  in 
th.it  of  our  own  children.  I  do  not  hesitate  therefore  to  recom 
mend  the  establishment  of  schools  in  which  they  may  be  in 
structed  by  teachers  speaking  the  same  language  with  them- 


EDUCATION.  213 

selves,  and  professing  the  same  faith.  There  would  be  no 
inequality  in  such  a  measure,  since  it  happens  from  the  force  of 
circumstances,  if  not  from  choice,  that  the  responsibilities  of  edu 
cation  are  in  most  instances  confided  by  us  to  native  citizens,  and 
occasions  seldom  offer  for  a  trial  of  our  magnanimity  by  commit 
ting  that  trust  to  persons  differing  from  ourselves  in  language 
or  religion.  Since  we  have  opened  our  country  and  all  its  full 
ness  to  the  oppressed  of  every  nation,  we  should  evince  wisdom 
equal  to  such  generosity  by  qualifying  their  children  for  the 
high  responsibilities  of  citizenship.  —  Annual  Message,  1840. 


WHEN  the  census  of  IS^O  shall  be  taken,  I  trust  it  will  show 
that  within  the  borders  of  the  state  of  New  York  there  is  no 
child  of  sufficient  years  who  is  unable  to  read  and  write.  1  am 
sure  it  will  then  be  acknowledged  that  when,  ten  years  before, 
there  were  thirty  thousand  children  growing  up  in  ignorance 
and  vice,  a  suggestion  to  seek  them  wherever  found,  and  win 
them  to  the  ways  of  knowledge  and  virtue  by  persuasion, 
sympathy,  and  kindness,  was  prompted  by  a  sincere  desire  for 
the  common  good.  I  have  no  pride  of  opinion  concerning  the 
manner  in  which  the  education  of  those  whom  I  have  brought  to 
your  notice  shall  be  secured,  although  I  might  derive  satisfaction 
from  the  reflection,  that,  amid  abundant  misrepresentations  of 
the  method  suggested,  no  one  has  contended  that  it  would  be  in 
effectual,  nor  has  any  other  plan  been  proposed.  I  observe,  on 
the  contrary,  with  deep  regret,  that  the  evil  remains  as  before  ; 
and  the  question  recurs,  not  merely  how  or  by  whom  shall  in 
struction  be  given,  but  whether  it  shall  be  given  at  all  or  shall 
be  altogether  withheld.  Others  may  be  content  with  a  system 
that  erects  free  schools  and  offers  gratuitous  instruction  ;  but  I 
trust  I  shall  be  allowed  to  entertain  the  opinions  that  no  sys 
tem  is  perfect  that  does  not  accomplish  what  it  proposes  ;  that 
our  system  is  therefore  deficient  in  comprehensiveness  in  the 
exact  proportion  of  the  children  that  it  leaves  uneducated  ;  that 
knowledge,  however  acquired,  is  better  than  ignorance  ;  and 
that  neither  error,  accident,  nor  prejudice,  ought  to  be  permitted 
to  deprive  the  state  of  the  education  of  her  citizens.  Cherishing 


SELECTION'S. 

such  opinions,  I  could  not  enjoy  the  consciousness  of  having  per 
formed  my  duty,  if  any  effort  had  been  omitted  which  was  cal 
culated  to  bring  within  the  schools  all  who  are  destined  to  exer 
cise  the  rights  of  citizenship  ;  nor  shall  I  feel  that  the  system  is 
perfect  or  liberty  safe  until  that  object  be  accomplished.  Not 
personally  concerned  about  such  misapprehensions  as  have  arisen, 
but  desirous  to  remove  every  obstacle  to  the  accomplishment 
of  so  important  an  object,  I  very  freely  declare  that  I  seek  the 
education  of  those  whom  I  have  brought  before  you,  not  to  per 
petuate  any  prejudices  or  distinctions  which  deprive  them  of 
instruction,  but  in  disregard  of  all  such  distinctions  and  prejudi 
ces.  I  solicit  their  education  less  from  sympathy,  than  because 
the  welfare  of  the  state  demands  it,  and  can  not  dispense  with 
it.  As  native  citizens,  they  are  born  to  the  right  of  suffrage.  I 
ask  that  they  may  at  least  be  taught  to  read  and  write  ;  and  in 
asking  this,  I  require  no  more  for  them  than  I  have  diligently 
endeavored  to  secure  to  the  inmates  of  *our  penitentiaries,  who 
have  forfeited  that  inestimable  franchise  by  crime,  and  also  to 
an  unfortunate  race,  which,  having  been  plunged  by  us  into  deg 
radation  and  ignorance,  has  been  excluded  from  the  franchise  by 
an  arbitrary  property  qualification  incongruous  with  all  our  in 
stitutions.  I  have  not  recommended  nor  do  I  seek  the  educa 
tion  of  any  class  in  foreign  languages  or  in  particular  creeds  or 
faiths ;  but  fully  believing  with  the  author  of  the  Declaration  of 
Independence,  that  even  error  may  be  safely  tolerated  where 
reason  is  left  free  to  combat  it,  and  therefore  indulging  no  appre 
hensions  from  the  influence  of  any  language  or  creed  among  an 
enlightened  people,  I  desire  the  education  of  the  entire  rising 
generation  in  all  the  elements  of  knowledge  we  possess,  and  in 
that  tongue  which  is  the  universal  language  of  our  countrymen. 
To  me  the  most  interesting  of  all  our  republican  institutions  is 
the  common  school.  I  seek  not  to  disturb  in  any  manner  its 
peaceful  and  assiduous  exercises,  and  least  of  all  with  conten 
tions  about  faith  or  forms.  I  desire  the  education  of  all  the 
children  in  the  commonwealth  in  morality  and  virtue,  leaving 
matters  of  conscience  where,  according  to  the  principles  of  civil 
and  religious  liberty  established  by  our  constitution  and  Jaws, 
they  rightfully  belong.  —  Annual  Message,  1841. 


EDUCATION.  215 

2Tt)c  Same. 

IT  was  among  my  earliest  duties  to  bring  to  the  notice  of  the 
legislature  the  neglected  condition  of  many  thousand  children,  in 
cluding  a  very  large  proportion  of  those  of  immigrant  parentage, 
in  our  great  commercial  city ;  a  misfortune  then  supposed  to  re 
sult  from  groundless  prejudices  and  omissions  of  parental  duty. 
Especially  desirous  at  the  same  time  not  to  disturb  in  any  man 
ner  the  public  schools,  which  seemed  to  be  efficiently  conducted, 
although  so  many  for  whom  they  were  established,  were  unwil 
ling  to  receive  their  instructions,  I  suggested,  as  I  thought  in  a 
spirit  not  inharmonious  with  our  civil  and  religious  institutions,  that 
if  necessary  it  might  be  expedient  to  bring  those  so  excluded  from 
such  privileges  into  schools  rendered  especially  attractive  by  the 
sympathies  of  those  to  whom  the  task  of  instruction  should  be 
confided.  It  has  since  been  discovered  that  the  magnitude  of 
the  evil  was  not  fully  known,  and  that  its  causes  were  very 
imperfectly  understood.  It  will  be  shown  you  in  the  proper  re 
port,  that  twenty  thousand  children  in  the  city  of  New  York,  of 
suitable  age,  are  not  at  all  instructed  in  any  of  the  public 
schools,  while  the  whole  number  in  all  the  residue  of  the  state 
not  taught  in  common  schools,  does  not  exceed  nine  thousand. 
What  had  been  regarded  as  individual,  occasional,  and  accidental 
prejudices  have  proved  to  be  opinions  pervading  a  large  mass, 
including  at  least  one  religious  communion  equally  with  all  oth 
ers  entitled  to  civil  tolerance — opinions  cherished  through  a 
period  of  sixteen  years,  and  ripened  into  a  permanent,  conscien 
tious  distrust  of  the  impartiality  of  the  education  given  in  the 
public  schools.  This  distrust  has  been  rendered  still  deeper  and 
more  alienating  by  a  subversion  of  precious  civil  rights  of  those 
whose  consciences  are  thus  offended. 

Happily  in  this  as  in  other  instances,  the  evil  is  discovered  to 
have  had  its  origin  no  deeper  than  in  a  departure  from  the 
equality  of  general  laws.  In  our  general  system  of  common 
schools,  trustees,  chosen  by  tax-paying  citizens,  levy  taxes,  build 
schoolhouses,  employ  and  pay  teachers,  and  govern  schools 
which  are  subject  to  visitation  by  similarly-elected  inspectors, 
who  certify  the  qualifications  of  teachers ;  and  all  schools  thus 
constituted  participate  in  just  proportion  in  the  public  moneys, 


216  SELECTIOXS. 

which  are  conveyed  to  them  by  commissioners  also  elected  by 
the  people.  Such  schools  are  found  distributed  in  average 
spaces  of  two  and  a  half  square  miles  throughout  the  inhabited 
portions  of  the  state,  and  yet  neither  popular  discontent,  nor  polit 
ical  strife,  nor  sectarian  discord,  has  ever  disturbed  their  peaceful 
instructions  or  impaired  their  eminent  usefulness.  In  the  public 
school  system  of  the  city  of  New  York,  one  hundred  persons  are 
trustees  and  inspectors,  and,  by  continued  consent  of  the  common 
council,  are  the  dispensers  of  an  annual  average  sum  of  thirty- 
five  thousand  dollars  received  from  the  common-school  fund  of 
the  state,  and  also  of  a  sum  equal  to  ninety-five  thousand  dollars 
derived  from  an  indiscriminating  tax  upon  the  real  and  per 
sonal  estates  of  the  city.  They  build  schoolhouses  chiefly  with 
public  funds,  and  appoint  and  remove  teachers,  fix  their  com 
pensation,  and  prescribe  the  moral,  intellectual,  and  religious 
instruction  which  one  eighth  of  the  rising  generation  of  the  state 
shall  be  required  to  receive.  Their  powers,  more  effective  and 
far-reaching  than  are  exercised  by  the  municipality  of  the  city, 
are  not  derived  from  the  community  whose  children  are  educa 
ted  and  whose  property  is  taxed,  nor  even  from  the  state,  which 
is  so  great  an  almoner,  and  whose  welfare  is  so  deeply  concerned, 
but  from  an  incorporated  and  perpetual  association,  which  grants, 
upon  pecuniary  subscription,  the  privileges  even  of  life  member 
ship,  and  yet  holds  in  fee  simple  the  public  school  edifices,  valued 
at  eight  hundred  thousand  dollars.  Lest  there  might  be  too  much 
responsibility  even  to  the  association,  that  body  can  elect  only  one 
half  the  trustees,  and  thos.e  thus  selected  appoint  their  fifty  associ 
ates.  The  philanthropy  and  patriotism  of  the  present  managers 
of  the  public  schools,  and  their  efficiency  in  imparting  instruc 
tion,  are  cheerfully  and  gratefully  admitted.  Nor  is  it  necessary 
to  maintain  that  agents  thus  selected  will  become  unfaithful,  or 
that  a  system  that  so  jealously  excludes  popular  interference 
must  necessarily  be  unequal  in  its  operation.  It  is  only  in 
sisted  that  the  institution,  after  a  fair  and  sufficient  trial,  has 
failed  to  gain  that  broad  confidence  reposed  in  the  general  sys 
tem  of  the  state,  and  indispensable  to  every  scheme  of  universal 
education.  No  plan  for  that  purpose  can  be  defended  except  on 
the  ground  that  public  instruction  is  one  of  the  responsibilities 
of  the  government.  It  is  therefore  a  manifest  legislative  duty 


EDUCATION.  217 

to  correct  errors  and  defects  in  whatever  system  is  established. 
In  the  present  case  the  failure  amounts  virtually  to  an  exclusion 
of  all  the  children  thus  withheld.  I  can  not  overcome  my  re 
gret  that  every  suggestion  of  amendment  encounters  so  much 
opposition  from  those  who  defend  the  public  school  system  of 
the  metropolis,  as  to  show,  that  in  their  judgment  it  can  admit 
of  no  modification,  neither  from  tenderness  to  the  consciences, 
nor  from  regard  to  the  civil  rights  of  those  aggrieved,  nor  even 
for  the  reclamation  of  those  for  whose  culture  the  state  has  so 
munificently  provided ;  as  if  society  most  conform  itself  to  the 
public  schools  instead  of  the  public  schools  adapting  themselves 
to  the  exigencies  of  society.  The  late  eminent  superintendent, 
after  exposing  the  greatness  of  this  public  misfortune,  and  tracing 
it  to  the  discrepancy  between  the  local  and  general  systems, 
suggested  a  remedy  which,  although  it  is  not  urged  to  the 
exclusion  of  any  other,  seems  to  deserve  dispassionate  consid 
eration. 

I  submit,  therefore,  with  entire  willingness  to  approve  what 
ever  adequate  remedy  you  may  propose,  the  expediency  of  re 
storing  to  the  people  of  the  city  of  New  York — what  I  am  sure 
the  people  of  no  other  part  of  the  state  would  upon  any  consid 
eration  relinquish — the  education  of  their  children. 

For  this  purpose,  it  is  only  necessary  to  vest  the  control  of 
the  common  schools  in  a  board  to  be  composed  of  commissioners 
elected  by  the  people ;  which  board  shall  apportion  the  school 
moneys  among  all  the  schools,  including  those  now  existing, 
which  shall  be  organized  and  conducted  in  conformity  to  its  gen 
eral  regulations  and  the  laws  of  the  state,  in  the  proportion  of 
the  number  of  pupils  instructed.  It  is  not  left  doubtful  that  the 
restoration  to  the  common  schools  of  the  city  of  this  simple  and 
equal  feature  of  the  common  schools  of  the  state,  would  remove 
every  complaint,  and  bring  into  the  seminaries  the  offspring  of 
want  and  misfortune  presented  by  a  grand  jury  on  a  recent  oc 
casiou  as  neglected  children  of  both  sexes  who  are  found  in 
hordes  upon  wharves  and  on  corners  of  the  streets,  surrounded 
by  evil  associations,  disturbing  the  public  peace,  committing 
petty  depredations,  and  going  from  bad  to  worse,  until  their 
course  terminates  in  high  crimes  and  infamy. 

This  proposition  to  gather  the  young  from  the  streets  and 

10 


218  SELECTIONS. 

wharves  into  the  nurseries  which  the  state,  solicitous  for  her  se 
curity  against  ignorance,  has  prepared  for  them,  has  sometimes 
been  treated  as  a  device  to  appropriate  the  school  fund  to  the 
endowment  of  seminaries  for  teaching  languages  and  faiths,  thus 
to  perpetuate  the  prejudices  it  seeks  to  remove ;  sometimes  as  a 
scheme  for  dividing  that  precious  fund  among  a  hundred  jarring 
sects,  and  thus  increasing  the  religious  animosities  it  strives  to 
heal ;  and  sometimes  as  a  plan  to  subvert  the  prevailing  reli 
gion  and  introduce  one  repugnant  to  the  consciences  of  our  fel 
low-citizens  ;  while,  in  truth,  it  simply  proposes  by  enlightening 
equally  the  minds  of  all,  to  enable  them  to  detect  error  wherever 
it  may  exist,  and  to  reduce  uncongenial  masses  into  one  in 
telligent,  virtuous,  harmonious,  and  happy  people.  Being  now 
relieved  from  all  such  misconceptions,  it  presents  the  questions 
whether  it  is  wiser  and  more  humane  to  educate  the  ofTspring  of 
the  poor  than  to  leave  them  to  groAV  up  in  ignorance  and  vice  ; 
whether  juvenile  vice  is  more  easily  eradicated  by  the  court  of  ses 
sions  than  by  common  schools  ;  whether  parents  have  a  right  to  be 
heard  concerning  the  instruction  and  instructors  of  their  children, 
and  tax-payers  in  relation  to  the  expenditure  of  public  funds ; 
whether,  in  a  republican  government,  it  is  necessary  to  interpose 
an  independent  corporation  between  the  people  and  the  school 
master  ;  and  whether  it  is  wise  and  just  to  disfranchise  an  entire 
community  of  all  control  over  public  education,  rather  than 
suffer  a  part  to  be  represented  in  proportion  to  its  numbers  and 
contributions. 

Since  such  considerations  are  now  involved,  what  has  hitherto 
been  discussed  as  a  question  of  benevolence  and  universal  edu 
cation,  has  become  one  of  equal  civil  rights,  religious  tolerance, 
and  liberty  of  conscience.  We  could  bear  with  us  in  our  re 
tirement  from  public  service  no  recollection  more  worthy  of 
being  cherished  through  life  than  that  of  having  met  such  a 
question  in  the  generous  and  confiding  spirit  of  our  institutions, 
and  of  having  decided  it  upon  the  immutable  principles  on  which 
they  are  based.  —  Annual  Message,  1842. 


FREEDOM. 


THE  capitol  is  deserted !  The  legislature  Lave  suspended 
their  labors ;  the  city  is  in  mourning ;  a  sudden  blow  has  fallen 
on  the  master-chord  in  the  heart  of  this  nation,  and  grief  is  dif 
fusing  itself  throughout  the  Union.  The  voice  of  JOHN  QUINCY 
ADAMS  has  died  away  on  earth,  and  he  has  resumed  converse 
with  John  Adams  and  Jefferson,  with  La  Fayette  and  with 
Washington,  in  heaven. 

Death  found  the  statesman  where  he  wished  to  meet  it — in 
the  capitol ;  in  his  place ;  in  the  performance  of  his  duty ;  in 
defending  the  cause  of  peace  and  of  freedom.  He  submitted 
to  the  inevitable  blow  as  those  who  loved  and  honored  him  fore 
told  and  desired  that  he  would  —  saying  only,  "  This  is  the  last 
of  earth  —  I  am  content." 

I  will  not  suffer  myself  to  speak  all  I  feel  on  this  sad  occa 
sion.  While  the  American  people  have  lost  a  father  and  a 
guide  —  while  Humanity  has  lost  her  most  eloquent,  persevering, 
and  indomitable  advocate — I  have  lost  a  patron,  a  guide,  a  coun 
sellor,  and  a  friend — one  whom  I  loved  scarcely  less  than 
the  dearest  relations,  and  venerated  above  all  that  was  mortal 
among  men. 

I  speak  in  behalf  of  my  associates.  Great  as  he  was,  illus 
trious  as  his  achievements  were,  he  was  one  of  us.  He  was  a 
civilian,  a  lawyer,  a  jurist.  His  great  mind  was  imbued  with 
the  science  of  our  noble  profession,  and  enriched  with  all  conge 
nial  learning ;  and  to  these  he  added  the  ornaments  of  rhetoric 
*  Remarks  before  the  Court  of  Chancery,  Albany,  Feb.  25,  1848. 


220  SELECTIONS. 

and  eloquence.  Trained  in  constitutional  law,  in  the  school  of 
its  founders,  Washington  called  him  in  precocious  youth  to  the 
kindred  field  of  diplomacy.  That  mission  discharged,  he  re 
turned  to  his  profession,  and  devoted  himself  to  it  with  assiduity 
until  the  people  called  him  from  the  duty  of  expounding  laws 
to  the  higher  department  of  making  laws. 

Rising  through  various  and  very  responsible  departments  of 
public  service,  he  became  chief  magistrate  of  the  republic. 
There  he  impressed  on  its  history  an  enduring  illustration  of  a 
wise,  peaceful,  and  enlightened  administration,  devoted  to  the 
cultivation  of  peace,  to  its  arts  and  its  interests,  and  to  extend 
ing  the  sway  of  republican  institutions  over  the  continent,  and 
yet  in  all  things  subordinate  to  the  law  and  regulated  by  the 
law. 

When  he  had  thus  filled  the  measure  of  the  world's  expecta 
tion  and  of  his  own  generous  ambition,  he  resumed  his  place  in 
the  national  legislature,  and  devoted  what  remained  of  life  to  a 
long,  arduous,  and  finally-successful  vindication  of  the  constitu 
tional  liberty  of  speech,  and  of  the  universal  inalienable  right 
of  petition.  Nor  can  we  forget  that,  while  thus  engaged,  he  set 
a  noble  example  for  us,  by  returning  again  to  the  field  of  his 
early  labors,  the  unpaid,  unrivalled  advocate  of  the  Amistad 
captives.  Those  unhappy  fugitives,  rescued  by  him  from  the 
oppression  of  two  great  nations,  were  restored  to  Africa,  the  first 
of  the  many  millions  of  her  people  of  whom  she  had  been  de 
spoiled  by  the  avarice  of  our  superior  race.  Whatever  difference 
of  opinion  there  may  be  concerning  the  principles  and  policy  of 
the  deceased,  all  men  will  now  agree  that  he  won  among  Ameri 
can  statesmen,  and  eminently  more  than  any  other,  the  fame 
accorded  to  the  most  illustrious  chevalier  of  France  —  the  fame 
of  a  statesman — sans  peur  et  sans  rcproclte. 

It  is  fit  that  the  death  of  such  a  citizen  should  be  marked 
with  all  the  testimonials  of  public  grief,  in  order  that  his  life 
may  have  its  just  influence  on  mankind.  It  is  fit  that  it  should 
be  honored  in  this  tribunal,  the  fame  of  which  is  not  unknown 
throughout  the  world,  and  the  records  of  which  will  remain  for 
ever. — Remarks  before  Court  of  Chancery,  Albany,  Feb.  25, 1848. 

NOTE.  —  Another  and  more  elaborate  eulogy  on  Mr.  Adams  will  be  found 
n  the  third  volume  of  Mr.  Seward's  complete  "Worka 


FREEDOM.  221 


SUflfjts  antr  Sutfes  of  Nations. 

WRITERS  on  law  teach  us  that  states  are  free,  independent, 
equal,  moral  persons,  existing  for  the  objects  of  happiness  and 
usefulness,  and  possessing  rights  and  subject  to  duties  defined 
by  the  law  of  nature,  which  is  a  system  of  politics  and  morals 
founded  in  right  reason ;  that  the  only  difference  between  poli 
tics  and  morals  is,  that  one  regulates  the  operations  of  govern 
ment,  while  the  other  directs  the  conduct  of  individuals,  and  that 
the  maxims  of  both  are  the  same ;  that  two  sovereign  states 
may  be  subject  to  one  prince,  and  yet  be  mutually  independent ; 
that  a  nation  becomes  free  by  the  act  of  its  ruler  when  he 
exceeds  the  fundamental  laws  ;  that  when  any  power,  whether 
domestic  or  foreign,  attempts  to  deprive  a  state  of  independence 
or  of  liberty,  it  may  lawfully  take  counsel  of  its  courage,  and 
prefer  before  the  certainty  of  servitude  the  chances  of  destruc 
tion;  that  each  nation  is  bound  to  do  to  every  other  in  time  of 
peace  the  most  good,  and  in  time  of  war  the  least  harm  possi 
ble,  consistently  with  its  own  real  interests ;  that  while  this  is 
an  imperfect  obligation,  of  which  no  state  can  exact  a  perform- 
ance,  any  one  has  nevertheless  a  right  to  use  peaceful  means, 
and  even  force,  if  necessary,  to  repress  a  power  that  openly  vio 
lates  the  law  of  nations,  and  directly  attacks  their  common  wel 
fare  ;  and  that,  although  the  interests  of  universal  society  require 
mutual  intercourse  between  states,  yet  that  intercourse  can  be 
conducted  by  those  only  who  in  their  respective  nations  possess 
and  exercise  in  fact  adequate  political  powers.  .  .  .  ;  ;••  • 

It  is  time  to  protest.  The  new  outworks  of  our  system  of 
politics  in  Europe  have  all  been  carried  away.  Republicanism 
has  now  no  abiding  place  there,  except  on  the  rock  of  San 
Marino  and  in  the  mountain-home  of  William  Tell.  France 
and  Austria  are  said  to  be  conspiring  to  expel  it  even  there. 
In  my  inmost  heart,  I  could  almost  bid  them  dare  to  try  an 
experiment  which  would  arouse  the  nations  of  Europe  to  resist 
the  commission  of  a  crime  so  flagrant  and  so  bold. 

I  have  heard  frequently,  here  and  elsewhere,  that  we  can 
promote  the  cause  of  freedom  and  humanity  only  by  our  exam 
ple,  and  it  is  most  true.  But  what  should  that  example  be  but 


222  SELECTIONS. 

that  of  performing  not  one  national  duty  only,  but  all  national 
duties  ;  not  those  beginning  and  ending  with  ourselves  only,  but 
those  also  which  we  owe  to  other  nations  and  to  all  mankind  ? 
No  dim  eclipse  will  suffice  to  illuminate  a  benighted  world. 

I  have  the  common  pride  of  every  American  in  the  aggran 
dizement  of  my  country.  No  effort  of  mine  to  promote  it,  by 
just  and  lawful  means,  ever  was  or  ever  will  be  withheld.  Our 
flag,  when  it  rises  to  the  topmast  or  the  turret  of  an  enemy's 
ship  or  "fortress,  excites  in  me  a  pleasure  as  sincere  as  in  any 
other  man.  And  yet  I  have  seen  that  flag  on  two  occasions 
when  it  awakened  even  more  intense  gratification.  One  was 
when  it  entered  the  city  of  Cork,  covering  supplies  for  a  chival 
rous  and  generous  but  famishing  people.  The  other  was  when 
it  recently  protected  in  his  emigration  an  exile  of  whom  conti 
nental  Europe  was  unworthy,  and  to  whom  she  had  denied  a 
refuge.  Sir,  it  raised  no  surprise  and  excited  no  regret  in  me, 
as  it  did  in  some,  to  see  that  exile  and  that  flag  alike  saluted 
and  honored  by  the  people,  and  alike  feared  and  hated  by  the 
kings  of  Europe. 

Let  others  employ  themselves  in  devising  new  ligaments  to 
bind  these  states  together.  They  shall  have  my  respect  for 
their  patriotism  and  their  zeal.  For  myself,  I  am  content  with 
the  old  ones  just  as  I  find  them.  I  believe  that  the  Union  is 
founded  in  physical,  moral,  and  political  necessities,  which  de 
mand  one  government,  and  would  endure  no  divided  states; 
that  it  is  impregnable,  therefore,  equally  to  force  or  to  faction ; 
that  secession  is  a  feverish  dream,  and  disunion  an  unreal  and 
passing  chimera ;  and  that,  for  weal  or  wo,  for  liberty  or  servi 
tude,  this  great  country  is  one  and  inseparable.  I  believe,  also, 
that  it  is  righteousness,  not  greatness,  that  exalteth  a  nation, 
and  that  it  is  liberty,  not  repose,  that  renders  national  existence 
worth  possessing.  Let  me,  then,  perform  my  humble  part  in 
the  service  of  the  republic,  by  cultivating  the  sense  of  justice 
and  the  love  of  liberty  which  are  the  elements  of  its  being,  and 
by  developing  their  saving  influences,  not  only  in  our  domestic 
conduct,  but  in  our  foreign  conduct  also,  and  in  our  social  inter 
course  with  all  other  states  and  nations. 

It  has  already  come  to  this — that  whenever  in  any  country 
an  advocate  of  freedom,  by  the  changes  of  fortune,  is  driven 


FREEDOM.  223 

into  exile,  he  hastens  to  seek  an  asylum  here ;  that  whenever  a 
hero  falls  in  the  cause  of  Freedom  on  any  of  her  battle-fields, 
his  eyes  involuntarily  turn  toward  us,  and  he  commits  that 
cause  with  a  confiding  trust  to  our  sympathy  and  our  care. 
Never,  sir,  as  we  value  the  security  of  our  own  freedom,  or  the 
welfare  and  happiness  of  mankind,  or  the  favor  of  Heaven,  that 
has  enabled  us  to  protect  both,  let  that  exile  be  inhospitably 
repulsed.  Never  let  the  prayer  of  that  dying  hero  fall  on  ears 
unused  to  hear,  or  spend  itself  upon  hearts  that  refuse  to  be 
moved. —  Speech  in  U.  S.  Senate,  March  9,  1852. 

Eije  3&tflbt  of  petition. 

EVERY  man  who  is  a  citizen  of  the  United.  States,  and,  ac 
cording  to  my  theory,  every  man  who,  although  he  may  not  be 
a  citizen,  yet  is  a  subject  of  the  government  of  the  United  States, 
has  a  right  to  petition  the  Congress  of  the  United  States  upon 
any  subject  of  national  interest,  or  which  can  be  legitimately  the 
subject  of  legislation.  Then,  is  there  any  well-grounded  objec 
tion  to  the  fact  that  these  memorialists*  describe  themselves  as 
clergymen  1  Certainly  not ;  because  it  is  the  right  and  the 
privilege  of  a  citizen,  if  he  can  petition  at  all,  to  present  his  peti 
tion  in  his  own  way.  If  he  thinks  there  is  anything  in  his 
character  or  position  which  entitles  his  opinions  to  higher  con 
sideration,  or  which  leads  to  the  belief  that  he  understands  the 
subject  more  thoroughly  than  others,  it  is  his  right  to  describe 
himself  by  the  appellation  which  designates  his  profession,  his 
character,  or  his  office.  It  is  only  on  this  principle  that  the 
legislatures  of  the  states  make  their  voices  known  to  Con 
gress,  by  describing  themselves  as  the  legislatures  of  the  states. 
They  come  here  with  their  resolutions  in  the  character  of  peti 
tioners  or  remonstrants,  under  that  provision  of  the  constitution 
which  guaranties  the  right  of  petition,  and  upon  no  other  ground 
of  constitutional  right  whatever. 

Is   there    any  well-grounded   objection  to    the  language  or 

tone  of  this  memorial  ]     I  think  not.    While,  on  the  other  hand, 

it  is  such  a  memorial  as  a  secular  person  like  myself  would  not 

be  apt  to  dictate  or  sign,  because  there  is  a  solemnity  of  tone,  a 

*The  New  England  Clergy. 


224  SELECTIONS. 

seriousness,  and  religious  consideration  which  secular  men  do  not 
indulge  or  affect  ;  yet,  on  the  other  hand,  it  is  professional,  and 
natural  on  the  part  of  the  memorialists  ;  it  is  in  the  character  of 
those  who  make  it.  It  is  said,  indeed,  that  they  assume  to 
speak  the  will  and  judgment  of  the  Creator  and  Judge  of  men 
and  nations.  I  do  not  understand  them  as  assuming  to  speak 
any  such  thing.  I  understand  them  as  saying  simply,  in  sub 
stance,  "  We,  citizens  of  the  United  States,  subscribing  ourselves 
as  clergymen  in  the  presence  of  Almighty  God,  and  in  his  name, 
address  the  Congress  of  the  United  States."  Sir,  what  is  unu 
sual  or  wrong  in  this  1  You  do  not  commence  your  proceedings 
here  on  any  day  of  your  whole  session  without  acknowledging 
and  declaring  that  they  are  begun  in  the  presence,  and  in 
the  name,  and  with  an  invocation  of  the  blessing  of  Almighty 


I  have  said,  sir,  that  they  come  here  declaring  that  they 
come  in  the  presence  of  Almighty  God.  It  is  that  universal 
and  eternal  presence  in  which  we  all  are  every  day  and  hour 
of  our  lives,  and  from  which  we  can  never  for  even  a  moment 
escape. 

Again,  sir,  it  is  objected  that  they  say  they  address  us  in 
the  name  of  Almighty  God.  What  is  that  but  a  mode  of  ar 
resting  or  calling  attention  to  their  solemn  prayer  and  earnest 
remonstrance  1  Sir,  while  there  are  occasions  on  which  we 
never  forget,  never  suffer  ourselves  to  forget  that  we  are  respon 
sible  to  Almighty  God,  it  is  equally  true  that  all  our  action  is, 
or  ought  to  be,  in  the  name  of  the  Supreme  Being.  Sir,  we 
may  put  off,  we  may  lay  aside  the  thoughts  of  that  awful  presence 
during  our  secular  labors,  and  even  during  our  life  of  confusion 
and  toil,  and  turmoil  and  care  ;  but  when  v/e  come  to  close  our 
eyes  upon  this  world,  we  can  not  shut  them  without  the  reflec 
tion  that  we  are  ever  here  in.  the  sight  of  the  Judge  of  all 
men.  Every  man  of  us,  when  he  comes  to  write  his  will, 
or  his  instructions,  for  those  who  are  to  come  after  him,  recites 
that  it  is  done  in  the  name  of  God.  Sir,  as  I  have  said,  I 
should  not  adopt  this  mode  of  addressing  the  senate  or  Congress. 
It  is  not  my  habit  to  do  so  ;  but  I  know  that  it  is  the  habit,  that 
it  is  in  the  character,  in  the  way  of  those  who  have  signed  this 
memorial.  I  see  no  ground  of  objection  to  it.  Is  it  disrespect- 


FREEDOM.  225 

ful  to  the  senate  of  the  United  States,  or  to  Congress,  that  men 
should  say  they  speak  to  them  in  the  name  of  God,  and  in  his 
presence  ?  If  it  be  so,  it  must  be  because  we  claim  to  be  here 
exempt  from  the  superintending  government  and  providence  of 
that  Being,  in  whom  and  by  whom  we  walk,  and  act,  and  through 
whom  we  exist  upon  the  earth. 

But,  sir,  it  is  said  that  at  the  close  of  this  remonstrance, 
there  is  another  remark  which  is  offensive,  and  that  is,  that  the 
memorialists  think  the  measure  against  which  they  protest  is  im 
moral  in  its  nature.  Sir,  the  great  measure  proposed  is  either 
moral  or  immoral.  There  is  no  neutrality  between  morality  and 
immorality.  It  may  be  that  we  may  conscientiously  differ  in  as 
certaining  which  is  the  moral  side,  but  nevertheless  it  is  of  one 
character  or  the  other — either  moral  or  immoral.  These  per 
sons  tell  us  they  think  it  is  of  one  character,  others  think  it  is 
of  another  character.  It  is  our  right  to  act.  Let  them  think 
what  they  will,  it  is  their  right  to  tell  us  that,  in  their  opinion,  it 
is  either  one  thing  or  the  other,  just  as  they  understand  and 
believe. 

Then,  again,  it  is  complained  that  the  memorialists  allege 
that  the  act  will  draw  after  it  the  judgments  of  Almighty  God. 
Sir,  by  the  judgments  of  Almighty  God,  I  understand  simply 
this :  that  every  human  act  of  any  importance  or  magnitude  is 
connected  with  preceding  causes,  and  with  subsequent  effects ; 
that  there  is  connected  with  a  right  act  the  consequence  of  use 
fulness,  of  beneficence,  of  happiness,  and  all  the  blessings  of  a 
just  Ruler ;  and  that,  on  the  other  hand,  to  those  acts  which, 
whether  we  deem  them  moral  or  immoral,  whether  intentionally 
wrong  or  not,  are  unwise,  there  are  connected  consequences  of 
error,  danger,  peril,  unhappiness,  wretchedness,  ruin.  This,  in 
my  judgment,  is  all  that  that  expression  means. 

And  now,  sir,  I  come  to  the  close  of  what  I  have  to  say  on 
this  whole  matter ;  and  that  is,  that  I  regard  this  as  a  question 
of  no  idle  importance.  The  right  of  petition  is  a  constitutional 
right,  and  a  useful  and  invaluable  one,  and  I  shall  never  be 
found  criticising  the  language  of  petitioners  or  remonstrants,  to 
see  whether  I  can  not  find  cause  for  cavil  or  for  rejection,  and 
petitioners  and  remonstrants  may  say  precisely  what  they  please, 
and  precisely  what  they  think,  in  whatever  tone  or  Innjrnage 

10* 


226  SELECTIONS. 

they  think  proper.  They  may  utter  against  me  any  epithet 
which  they  please.  They  may  invoke  on  my  head  any  judg 
ment  they  please.  Still,  sir,  with  a  conscience  void  of  offence 
against  God  and  man,  I  can  go  on  here  performing  my  duties, 
leaving  them  in  the  enjoyment  of  their  rights,  and  listening  to 
all  that  they  say,  precisely  as  if  it  had  been  rendered  into  the 
language  of  courtesy,  or  compliment,  or  of  praise,  which  would 
be  acceptable  under  other  circumstances.  It  is  because  I  wish 
that  this  right  of  petition  may  take  no  injury  from  the  debate 
of  this  morning,  that  I  have  risen  to  vindicate  the  memorial,  and 
to  do  justice  to  those  from  whom  it  has  come. —  Speech  in  Sen 
ate  on  Reception  of  Remonstrance  from  3050  Clergymen  of  New 
England  against  Repeal  of  Missouri  Comprojnise,  March  14, 1854. 

political  Hqualt'tj?. 

I  AM  in  favor  of  the  equality  of  men  —  of  ALL  men,  whether 
they  be  born  in  one  land  or  born  in  another.  I  am  in  favor  of 
receiving  the  whole.  I  acknowledge  them  all  to  constitute  one 
great  family,  for  whom  it  is  the  business  of  statesmen  and  the 
business  of  man  to  labor  and  to  live.  And,  sir,  when  I  do  have 
occasion  to  ask  the  votes  of  those  distinguished  senators  and 
friends  in  behalf  of  the  alien  and  the  foreigner,  it  will  not  be  the 
exile,  merely,  who  is  commended  to  our  sympathies  for  the  suf 
ferings  he  has  sustained  in  the  cause  of  liberty  in  Europe ;  but 
it  will  be  for  the  melioration  of  the  laws  of  naturalization,  which 
put  a  period  of  five  years  and  an  oath  in  the  way  of*any  man 
of  any  country  in  becoming  a  citizen,  which  raise  a  barrier  be 
tween  ourselves  and  those  who  cast  their  lot  among  us.  There 
is  where  they  will  find  me  ;  and  they  will  find  that  to  the  extent 
that  humanity  bears  the  semblance  which  is  impressed  upon  us 
by  the  hand  of  our  Maker,  it  is  my  design  and  my  purpose  to 
labor  to  bring  about  that  equality  in  the  land  in  which  I  live, 
and  as  far  as  may  be,  in  all  other  lands. 

And,  going  upon  this  broad  principle,  I  have  no  hesitation  in 
saying  that  there  is  no  distinction  in  my  respect  or  affection  be 
tween  men  of  one  land  and  of  another ;  between  men  of  one  clime 
and  another ;  between  men  of  one  race  and  another ;  or  between 
men  of  one  color  and  another;  no  distinction  but  what  is  based, 


FREEDOM.  227 

not  upon  institutions  of  government,  not  upon  the  consent  of  so 
ciety,  but  upon  their  individual  and  personal  merit.  If  the  sen 
ator  from  Georgia  [Mr.  DAWSON]  will  test  this,  if  he  has  this 
sympathy  for  free  negroes  which  I  am  rejoiced  to  hear  him  pro 
claim,  let  him  bring  in  his  bill,  and  the  first  ay  that  shall  re 
spond  to  it  will  be  mine  —  if  none  should  so  respond  to  it  before 
my  name  should  be  alphabetically  reached.  More  than  that ; 
if  his  sympathies  embrace  a  class  that  deserve  them  still 
more  —  the  slave — let  him  bring  in  his  bill  for  the  slave,  and  my 
voice  for  emancipating  the  slave  in  any  district  or  territory 
shall  go  fDr  it.  Nay,  more ;  let  him  show  me  a  way  in  which  I 
can  give  a  vote,  an  effectual  vote,  for  the  emancipation  of  the 
slave  in  his  own  state,  or  any  state,  and  I  shall  feel  honored  to 
participate  in  the  movement ;  and  my  vote  shall  be  given  to 
sustain  it,  with  more  gladness,  more  gratitude,  and  more  joy, 
than  it  was  ever  given  upon  any  occasion  in  my  life. 

Sir,  neither  here  nor  elsewhere  will  I  admit,  as  a  rule  for  the 
government  of  my  own  conduct,  that  there  is  a  distinction  be 
tween  men.  But  on  the  contrary,  I  will  walk  up  to  the  mark,  as 
signed  in  the  Declaration  of  Independence,  that  "  ALL  MEN  ARE 
CREATED  EQUAL."  Sir,  the  first  vote  given  by  me  to  keep  any 
man,  or  any  class  of  men,  in  a  condition  below  my  own,  is  yet 
to  be  given.  It  never  will  be  given  in  this  place. —  Speech,  U.  S. 
Senate,  Jan.  30,  1850. 

lUHjjious  £ntolcvcinc*. 

WITHIN  a  few  months  a  portion  of  the  American  community, 
men,  women,  and  children,  were  compelled  by  American  citizens 
to  flee  from  burning  dwellings  in  the  night-time,  and  found  their 
way  to  the  woods  and  fields  by  the  light  of  the  flames  which 
consumed  not  only  their  dwellings,  but  also  their  libraries,  their 
hospitals,  their  churches,  and  their  altars.  The  offence  was 
that  they  or  their  ancestors  were  born  in  Ireland,  and  that  they 
worshipped  God  according  to  the  creed  and  ritual  of  the  Roman 
Catholic  church.  And  this  has  happened  in  the  city  that  was 
founded  by  William  Penn,  and  endowed  by  Benjamin  Franklin 
—  in  the  city  where  the  Declaration  of  American  Independence 
was  promulgated,  and  where  the  American  constitution  was  es 
tablished. 


228  SELECTIONS, 

These  great  wrongs,  the  outbreak  of  long-cherished  religious 
and  political  intolerance,  were  not  its  most  fearful  and  alarming 
incident.  Emboldened  by  popular  forbearance,  the  spirit  of  pro 
scription  has  approached  Congress,  with  a  demand  for  the  full 
disfranchisement  in  America  of  all  men  not  born  on  the  Ameri 
can  soil.  I  say  disfranchisement — for  twenty-one  years'  resi 
dence,  which  is  now  insisted  on,  as  a  condition  of  naturalization, 
would  be  virtual  disfranchisement 

I  have  not  heard  the  loud  and  deep-toned  censures  upon  the 
Philadelphia  wrongs,  and  upon  the  recent  acts  of  British  oppres 
sion,  which  I  expected  from  the  American  press  and  from  the 
leaders  of  mind  in  America.  Therefore  in  this  hour  of  trial  I 
come  here  freely  to  declare  before  my  countrymen  —  and  if  my 
voice  could  reach  the  region  of  thrones,  to  declare  before  princi 
palities  and  powers  —  that  the  injuries  inflicted  upon  the  Irish 
men  in  America  are  a  flagrant  violation  of  law,  of  constitution, 
of  liberty,  and  of  humanity.  I  know,  indeed,  what  this  declar 
ation  costs.  It  may,  indeed,  give  comfort  to  the  poor  and  de 
sponding  exile,  and  awaken  feelings  of  kindness  toward  me  in 
his  bosom,  but  it  will  offend  very  many  of  my  own  countrymen. 
Be  it  so.  I  desire  the  respect  and^  regard  of  my  own  country 
men  ;  but  I  would  rather  have  the  gratitude  of  one  despond 
ing  and  depressed  fellow-man,  than  the  suffrage  of  the  whole 
American  people  given  to  me  in  consideration  of  denying  any 
true  principle  of  free  government,  or  repressing  any  impulse  of 
humanity 

Believe  not,  fellow-citizens,  that  this  is  a  question  which  in 
terests  or  concerns  only  the  voluntary  citizen.  The  work  of 
disfranchisement  once  effectually  begun,  would  not  cease  with 
the  debasement  of  one  class  or  condition  of  men  ;  other  classes 
would  follow,  and  oligarchy  be  succeeded  by  despotism.  Nor 
is  this  all.  Let  the  wise  men  who  favor  this  disfranchisement 
tell  us  how  they  expect  to  secure  the  subordination  of  the  dis 
franchised  classes.  They  can  not  be  expelled ;  they  must 
increase  —  they  increase  by  virtue  of  the  irresistible  and  un 
changeable  laws  of  God.  They  can  not  be  degraded  to  domes 
tic  slavery,  and  unless  so  degraded,  they  can  not  be  held  in  sub 
jection  to  authority,  except  in  one  of  two  ways,  by  their  own 
voluntary  consent,  or  by  military  force.  Standing  armies  no 


FREEDOM.  229 

man  dare  defend :  disfranchised  men  will  not  yield  voluntary 
obedience. — Address  at  lltica,  July,  1844. 

Intolerance. 

I  GREATLY  fear  that  the  American  people  do  not  know  how 
highly  they  are  respected  and  venerated  by  the  down-trodden 
masses  of  Europe.  Some  among  us  are  ambitious  of  the  favor 
able  judgment  of  the  privileged  classes  in  the  old  world.  Their 
respect  and  sympathies  are  not  to  be  expected.  We  are  dis 
turbers,  innovators ;  and  the  affection  we  gain  in  Europe  must 
proceed  from  those  to  whom  the  progress  of  democratic  princi 
ples  brings  hope  not  terror.  To  the  oppressed  masses  in  France, 
in  Greece,  in  Poland,  in  Italy,  in  England,  and  Ireland,  the 
United  States  of  America  is  the  Palestine  from  which  comes  a 
revelation  effectual  to  political  salvation.  Thence,  therefore, 
come  pilgrims  of  hope,  ardent  and  enthusiastic  in  the  faith  they 
have  received  from  us,  and  they  expect  naturally  and  justly  to 
be  received  and  welcomed  as  brethren.  Strange  that  any  native 
American  citizen  should  repel  those  pilgrims,  and  justly  sad  is 
their  disappointment  when  repulsed.  Not  even  the  Christian 
knights  who  penetrated  to  the  Holy  City  by  crusade  were  more 
grieved  when  they  discovered  that  the  Christians  of  Jerusalem 
had  relapsed  into  the  superstition  of  the  Moslem  faith,  and  for 
gotten  the  place  of  the  tomb  in  which  the  Savior  had  reposed. 

So,  too,  when  a  revolution  occurs  in  Europe,  whether  tempes 
tuous  and  convulsive  like  those  in  France,  Greece,  and  Poland, 
or  moral  and  pacific  like  that  in  your  own  native  land,  the  up 
rising  masses  turn  at  once  to  the  United  States  of  America  for 
succor  and  for  support ;  and  such  is  the  mysterious  fellowship 
produced  by  the  love  of  liberty,  that  the  sympathies  of  the  Amer 
ican  people  have  always  been  found  irrepressible.  Ought  it  to 
be  otherwise  ?  Who  would  not  blush  for  his  country  if  it  were 
not  so  ?  The  spirit  of  freedom,  like  that  of  Christianity,  is  ex 
pansive  and  comprehensive.  The  church  that  sends  forth  no 
missionaries,  need  take  heed,  for  its  light  is  about  to  be  darkened. 
The  republic  that  desires  no  proselytes,  must  take  warning,  for 
its  downfall  is  at  hand. 

These  sentiments,  derived,  I  trust,  from  the  teachings  of  tho 


230  SELECTIONS. 

American  Revolution,  seem  to  me  as  wise  as  they  are  generous. 
If  there  be  any  petition  which  mankind  might  wish  added  to 
the  formula  given  by  the  Savior,  it  would  be  that  the  scourge  of 
war  might  cease,  and  that  peace  and  good  will  might  prevail 
among  men.  But  peace  and  good  will  can  never  prevail  until 
mankind  learn  and  feel  the  simple  truth,  that  however  birth  or 
language  or  climate  may  have  made  them  differ — however 
mountains,  deserts,  rivers,  and  seas,  may  divide  states — the  na 
tions  of  the  earth  are  nevertheless  one  family,  and  all  mankind  are 
brethren,  practically  equal  in  endowments,  equal  in  national  and 
political  rights,  and  equal  in  the  favor  of  the  common  Creator. 

Exclusion  of  foreigners  and  hostility  to  foreign  states  always 
were  elements  of  barbarism.  The  intermingling  of  races  always 
was,  and  always  will  be,  the  chief  element  of  civilization.  Japan 
and  China  are  exclusive  states.  Great  Britain  and  the  United 
States  are  social  nations.  So  inconsistent  is  exclusiveness  with 
progress,  that,  sooner  or  later,  Providence  wills  the  subjugation 
of  unsocial  states,  thus  securing  the  advancement  of  civilization 
compulsively,  when  nations  obstinately  resist  it.  The  conquest 
of  Mexico  in  the  west,  of  India  in  the  east,  and  the  present  hu 
miliation  of  China,  are  illustrations  of  this  great  truth. 

If  at  St.  Petersburg  you  seek  the  exchange,  where  the  Rus 
sian  "  merchants  most  do  congregate,"  the  native  understands 
not  your  inquiry,  until  you  ask  for  the  "  Dutch"  exchange.  Thus 
do  the  subjects  of  the  czar  unwittingly  perpetuate  the  memory 
of  the  fact  that  they  owe  their  rising  commerce  to  immigration 
from  the  Netherlands.  I  remember  that  in  Clinton's  time  the 
Erie  canal  then  in  progress  was  stigmatized  as  the  "  Irish  ditch." 
Had  we  been  as  generous  as  the  natives  of  St.  Petersburg,  we 
should  have  persevered  in  that  designation,  and  we  should  now 
confess  for  the  instruction  of  mankind,  that  not  only  the  Erie 
canal,  but  its  numerous  and  far-reaching  veins  and  arteries,  and 
our  railroads,  harbors,  and  fortifications,  were  chiefly  constructed 
by  hardy,  joyous,  light-hearted,  liberty-loving  immigrants  from 
Ireland. 

We  emulate  the  sway  of  ancient  Rome  ;  but  Rome  was  wiser 
than  those  who  affect  an  exclusive  monopoly  of  American  citizen 
ship.  Provinces  and  nations  as  soon  as  subjugated,  became  parts 
of  the  Roman  empire,  and  although  its  eagles  threatened  conquest 


FREEDOM.  231 

wlierevci-  they  advanced,  they  nevertheless  bore  on  their  wings 
charters  of  Roman  citizenship. 

Love  for  their  native  land  is  common  to  all  men,  but  it  ex 
ceeds  its  just  bounds  when  it  leads  men  to  despise  or  hate  their 
fellow-men.  This  excess  is  the  prejudice  of  ignorance.  The 
native  American  can  not  half  so  heartily  despise  the  Irishman, 
as  the  Chinese  despises  the  American.  He  who  has  left  his 
native  land  to  seek  an  asylum  here,  has  made  a  sacrifice  to  lib 
erty  which  ought  to  commend  him  to  our  respect  and  affection. 
His  children  born  here  will  be  native  Americans  as  we  are  ;  the 
parent  is  a  foreigner  only  as  our  own  parents  or  ancestors,  near 
or  remote,  also  were. 

Do  we  excel,  because  the  foreigner  can  not  speak  our  lan 
guage.  We  can  not  speak  his.  It  were  well  if  each  knew  the 
language  of  the  other,  for  it  is  stored  with  treasures  which  would 
add  immeasurably  to  his  knowledge  and  the  elements  of  his 
happiness. 

The  battle-cry  of  liberty  is  as  animating  when  sounded  in 
French,  in  German,  or  in  Spanish,  as  in  English,  and  the  accents 
of  love  and  affection  are  tender  in  whatever  dialect  they  may 
have  utterance.  Should  differences  of  religious  belief  divide  us  ] 
Washington  invoked  the  Divine  blessing  on  our  army  in  a  prot- 
estant  ritual  —  Lafayette  employed  the  Roman  formulary.  Would 
the  prayers  of  either  have  been  answered,  if  they  had  carried 
into  council  quarrels  from  the  altar  ?  We  ought  never  to  forget 
that,  various  as  are  the  expositions  of  our  holy  faith,  they  all 
agree  in  this,  that  without  charity  there  is  no  Christianity.  — 
Letter,  March  15,  1844. 


3iouis 

I  AM  a  lover  of  peace.  I  shall  never  freely  give  my  consent 
to  any  measure  which  I  shall  think  will  tend  to  involve  this  na 
tion  in  the  calamities  of  foreign  war.  I  believe  that  our  mission 
is  a  mission  of  republicanism.  But  I  believe  that  we  shall  best 
execute  it  by  maintaining  peace  at  home  and  with  all  mankind  ; 
and  if  I  saw  in  this  measure  a  step  in  advance  toward  the  bloody 
field  of  contention  in  the  affairs  of  Europe,  I,  too,  would  hesitate 
long  before  adopting  it.  But  I  see  no  advance  toward  any  such 


232  SELECTIONS. 

danger  in  doing  a  simple  act  of  national  justice  and  magnanim 
ity.  I  believe  that  no  man  will  deny  the  principle,  that  a  na 
tion  may  do  for  the  cause  of  liberty  in  other  nations  whatever 
the  laws  of  nations  do  not  forbid.  I  plant  myself  upon  that 
principle.  What  the  laws  of  nations  do  not  forbid,  any  nation 
may  do  for  the  cause  of  civil  liberty  in  any  other  nation,  in  any 
other  country.  Now,  the  laws  of  nations  do  not  forbid  hospital 
ity.  The  laws  of  nations  do  not  forbid  us  to  sympathize  Avith 
the  exile — to  sympathize  with  the  overthrown  champion  of 
freedom.  The  laws  of  nature  demand  that  hospitality,  and 
from  the  very  inmost  sources  of  our  nature  springs  up  that  sym 
pathy.  What  is  that  great  epic  poem  which  has  filled  the  sec 
ond  place  in  the  admiration,  I  had  almost  said  in  the  affections, 
of  mankind  for  two  thousand  years,  but  the  history  of  an  exile 
flying  from  the  walls  of  his  burning  city  and  devoted  state  1 
Sir,  the  laws  of  nature  require  —  the  laws  of  nations  command 
hospitality  to  those  who  fly  from  oppression  and  despair.  And 
this  is  all  that  we  have  done,  and  all  that  we  propose  to  do.  We 
have  invited  Kossuth  —  we  have  procured  his  release  from  cap 
tivity — we  have  brought  him  here  —  and  we  propose  to  say  to 
him,  standing  upon  our  shores  with  his  eye  directed  to  us,  and 
while  we  know  that  the  eyes  of  the  civilized  world  are  fixed 
upon  him  and  us,  "  Louis  Kossuth,  in  the  name  of  the  American 
people  we  bid  you  a  cordial  welcome."  *  *  *  * 

I  will  suppose  now  that  the  opposition  made  to  this  resolution 
is  effective.  I  will  suppose  that  the  measure  is  defeated.  Let 
us  look  to  the  consequences  beyond.  What  are  they  ?  Kossuth, 
admitted  here  to  be  the  representative  of  the  down-trodden  con 
stitutional  liberties  of  his  own  country,  and  the  representative 
of  the  up-rising  liberties  of  Europe,  shakes  from  his  feet  the 
dust  that  has  gathered  upon  them  on  American  shores,  and  re 
turns  to  the  eastern  continent — returns  upon  a  point  of  honor 
with  the  United  States  of  America,  and  therefore,  in  a  practical 
view,  returns,  as  he  will  say,  and  those  devoted  to  his  cause  will 
say,  repulsed,  driven  back.  Where  then,  sir,  shall  he  find  wel 
come  and  repose  ?  In  his  own  beautiful  native  land,  at  the  base 
or  on  the  slopes  of  the  Carpathian  hills?  No!  the  Austrian 
despot  reigns  absolutely  there.  Shall  he  find  it  in  Germany, 
east  or  west,  north  or  south  ?  No  sir  ;  the  despot  of  Austria  and 


FREEDOM.  233 

the  despot  of  Prussia  reign  absolutely  there.  Shall  he  find  it 
under  the  sunny  skies  of  Italy  ?  No,  sir  ;  for  the  Austrian  mon 
arch  has  crushed  Italy  to  the  earth.  Shall  he  find  it  in  Siberia, 
or  in  the  frozen  regions  of  the  North  ?  No,  sir ;  for  the  Russian 
czar,  who  drove  him  from  his  native  land  and  forced  him  into 
exile  in  Turkey,  will  be  ready  to  seize  the  fugitive.  The  scaf 
fold  awaits  him  there.  Where  shall  he  go?  Shall  he  seek 
protection  again  from  the  sceptred  Turk  ?  The  Turk  would 
say, '  You  have  eaten  my  salt  as  a  voluntary  captive,  and  I  shel 
tered  you  until  you  left  me  under  the  seductions  of  the  republic 
of  the  United  States.  If  you  come  now,  the  laws  of  my  country 
and  of  my  God  Avill  not  oblige  or  allow  me  to  hazard  the  peace 
of  my  own  people  again  to  extend  protection  over  you.'  Where, 
then,  shall  he  go  ?  Where  else  on  the  face  of  broad  Europe 
can  he  find  refuge  but  in  the  land  of  your  forefathers,  in  Britain? 
There,  God  be  thanked,  there  would  be  a  welcome  and  a  home 
for  him.  Are  you  prepared  to  give  to  the  world  evidence  that 
you  can  not  receive  the  representative  of  liberty  and  republican 
ism,  whom  England  can  honor,  shelter,  and  protect  ? 

But,  Mr.  President,  will  this  transaction  end  there  1  I  fancy 
that  I  see  the  exile  wending  his  lonely  way,  with  downcast 
look,  along  the  streets  and  thoroughfares  of  the  great  metropo 
lis  of  Britain  and  the  world,  forsaken  and  abandoned,  but  not 
forgotten.  Will  it  end  in  that1?  No,  sir.  Beyond  us,  above 
us,  there  is  a  tribunal,  higher  and  greater  than  the  Congress  of 
the  United  States.  It  is  a  tribunal  whose  existence  and  juris 
diction  and  authority  we  have  acknowledged,  and  to  whose  judg 
ment-seat  we  have  already  called  the  Turk,  the  Austrian,  and 
the  Russian,  to  account  for  their  action  in  regard  to  Hungary 
and  to  Kossuth.  It  is  the  tribunal  of  the  public  opinion  of  the 
world  —  the  public  opinion  of  mankind.  Sir,  that  tribunal  is 
unerring  in  its  judgments.  It  is  constituted  of  the  great,  the 
wise  and  the  good  of  all  nations — not  only  of  the  great,  and 
wise,  and  good,  who  are  now  living,  but  of  the  great,  the 
wise,  and  the  good  of  all  ages.  Before  that  tribunal,  states, 
great  and  small,  are  equal.  Ay,  before  that  tribunal  the  proud 
est  empire  is  equalled  by  its  humblest  citizen  or  subject.  Yes, 
the  Indian  and  the  serf  are  equal  there  to  the  American  repub 
lic  and  to  the  Russian  empire.  I  know  no  living  man  entitled 


234  SELECTIONS. 

by  the  consent  of  Christendom  to  preside  in  that  august  tribunal. 
But  there  is  a  venerable  form  that  seems  to  rise  up  before  me, 
and  all  the  congregated  nations  and  people  deferentially  make 
way  as  he  advances  and  takes  the  judgment-seat.  It  is  the 
shade  of  Franklin.  And  there  I  see  the  parties  opposed.  On 
the  one  side  stands  Hungary,  downcast  and  sorrowful,  but  she 
is  surrounded  by  the  people  of  many  lands,  who  wait  her  re 
demption  and  their  own.  On  the  other  side  I  see  the  United 
States  of  America,  sustained  —  most  singular  conjunction! — by 
the  youthful  and  impatient  Bonaparte,  the  sickly  successor  of 
the  Romans,  and  the  czar  of  all  the  Russias.  I  hear  the  im 
peachment  read.  It  is,  that  the  United  States  have  dishonored 
and  insulted  the  unfortunate  representative  of  unfortunate  Hun 
gary  ;  that  they  found  him  a  captive  in  Asia  Minor,  under  the 
protection  of  the  Turk,  but  subjected  to  the  surveillance  of  the 
Russian  tyrant ;  that  they  addressed  to  him  words  of  sympathy 
and  hope,  and  that  they  brought  to  the  doors  of  his  captivity 
a  national  vessel,  with  their  time-honored  flag,  and  bade  him  to 
come  upon  its  deck  and  be  conveyed  to  a  land  of  constitutional 
freedom  —  a  land  where  the  advocates  and  champions  of  univer 
sal  liberty  were  sure  to  enjoy  respect  and  sympathy,  and  frater 
nal  welcome ;  and  that  when  they  had  so  seduced  him  from  a 
place  of  obscurity,  but  of  safety,  and  had  thus  brought  him 
to  their  own  shores,  and  when  he  stood  waiting  there  for  one 
simple  word  of  welcome,  one  simple  look  of  recognition,  they 
turned  away  from  him,  spurned  him  from  their  presence,  and 
cast  him  back  upon  the  chanties  of  Christian  or  Turk,  in  what 
ever  land  they  might  be  found. 

That  is  the  impeachment.  And  the  United  States  hold  up 
the  right  hand  and  answer,  "Not  guilty."  I  see  the  books  of 
testimony  opened  on  behalf  of  Hungary.  Here  they  are.  A 
resolution  of  the  Congress  of  the  United  States  of  America, 
passed  in  the  year  1850,  tendering  the  hospitalities  of  the  nation, 
and  the  use  of  a  national  ship,  to  Louis  Kossuth ;  then  the  mes 
sage  of  the  president  of  the  United  States,  in  1851,  calling  upon 
Congress  to  say  what  shall  be  the  ceremonial  of  receiving  him 
who  has  been  brought  here  under  their  authority  ;  and  then  the 
record  of  this  senate,  that  upon  a  division  of  its  members,  a  res 
olution  of  welcome  was  rejected.  That  constitutes  the  case  on 


FREEDOM.  235 

the  part  of  Hungary.  Sir,  the  United  States  appear  in  that 
august  tribunal  by  learned  and  eloquent  defenders  and  advo 
cates.  I  see  there  my  ardent  and  enthusiastic  young  friend  from 
Alabama  [Mr.  CLEMENS],  and  the  candid  and  learned  senator 
from  Kentucky  [Mr.  UNDERWOOD],  the  impulsive  and  generous 
senator  from  Georgia  [Mr.  DAWSON],  the  very  learned  and  as 
tute  advocate,  the  honorable  senator  from  North  Carolina  [Mr. 
BADGER],  and,  lastly,  he  who  holds  the  first  place  in  our  vene 
ration  of  living  senators,  save  only  one  [Mr.  CLAY],  the  honora 
ble  senator  from  Georgia  [Mr.  BERRIEN],  I  listen  to  the  long, 
elaborate,  and  earnest  defence  which  they  make  against  this  im 
peachment.  Hungary  declines  to  reply  ;  and  Kossuth,  the  ora 
tor  of  modern  times,  upon  whom  she  leans  for  support,  for  the 
first  time  overcome  by  a  sense  of  cruel  insult,  is  silent,  dumb. 

The  defence  is  weighed  by  that  august  Shade,  in  whose  placid 
countenance  I  read  at  once  the  sagacity  of  the  lightning  hunter 
and  the  common  sense  of  Poor  Richard  :  "  You  say,  that  your 
invitation  to  the  Magyar  'justified  on  his  part  and  on  tho 
part  of  Hungary  no  expectation  of  a  welcome.'  How,  then, 
came  Kossuth,  how  came  Hungary,  how  came  the  world,  how 
came  your  president,  to  misunderstand  the  invitation  which  was 
addressed  to  the  exile  ?  "When  did  you  first  revise  your  diplom 
acy  to  ascertain  to  what  extent  you  might  abridge  the  hospital 
ities  to  which  you  had  invited  him  ?  Not  until  you  were  com 
mitted  before  the  world.  You  say  that  '  Kossuth  was  invited  to 
be  a  resident,  to^become  a  citizen  of  the  United  States,  and  yet 
that  he  came,  on  the  contrary,  as  a  transient  guest.'  Grant  it ; 
what  then  ?  Is  a  welcome  less  due  to  him  whom  you  have  in 
vited  as  a  perpetual  guest,  when  he  comes  to  thank  you  and 
decline  the  courtesy,  than  if  he  had  accepted  it  and  had  become 
a  perpetual  charge  upon  your  hospitalities  ]  You  say  that  the 
honors  to  Kossuth  '  were  moved  in  your  senate  by  ambitious  as 
pirants  for  place  and  distinction.'  Has,  then,  my  country  degen 
erated  so  much  that  there  are  no  true,  genuine  patriots  in  the 
senate  of  the  United  States  who  could  lead  that  illustrious  body 
in  the  discharge  of  so  great  a  national  obligation  1  You  plead 
that  the  Hungarian  chief  '  was  a  noble  by  birth,  an  aristocrat  by 
education  and  association,  and  that  he  had  devoted  himself  in 
an  effort  not  to  disseminate  the  spirit  of  universal  liberty,  but  to 


236  SELECTIONS. 

fortify  the  privileges  of  the  Magyar  race.'  If  that  be  so,  did  you 
not  know  it  when  you  invited  him  1  If  you  did  not,  how  can 
you  justify  your  ignorance  of  a  character  that  was  blazoned  to 
the  world  ?  But  it  is  not  true.  Kossuth's  first  public  action  in 
early  youth,  was  an  effort,  through  the  Hungarian  Diet,  to  ex 
tend  equal  privileges  of  representation,  of  suffrage,  and  of  taxa 
tion,  to  all  the  people  of  Hungary,  without  distinction  of  rank, 
or  caste,  or  race.  For  his  fidelity  to  the  great  cause  of  human 
equality  and  freedom,  he  was  imprisoned  three  long  years  in  a 
dungeon  in  the  castle  of  Buda,  by  the  hand  of  the  Austrian  des 
pot.  When  he  came  out  from  that  captivity,  he  commenced 
that  career  of  agitation  for  the  restoration  of  the  constitution  of 
his  country,  which  ended  with  success  in  the  year  1848.  When 
he  had  wrung  that  charter  from  the  emperor  of  Austria,  his  con 
stitutional  king,  the  first  exercise  of  Hungarian  authority  by  the 
legislature  which  he  directed,  was  an  act  which  abolished  all  the 
feudal  tenures,  that  brought  land  within  the  reach  of  all,  and  put 
the  Croat,  the  Wallachian,  the  Illyrian,  the  Jew,  and  the  Mag 
yar,  upon  the  same  platform  of  equality  before  the  law,  equality 
before  the  government,  equality  in  representation,  equality  in 
suffrage,  and  equality  in  enduring  the  burdens  of  government. 
It  was  for  this  that  he  was  hunted  from  his  native  land  and 
came  an  exile  to  your  shores.  Who  pursued  him  there  with  re 
proaches  of  falsehood  to  freedom  ?  Not  the  Jew,  the  Croat,  or 
the  Sclave,  but  the  tyrant  of  Austria,  who  has  reduced  all  the 
people  of  Hungary,  of  whatever  rank  or  race  or  caste,  to  the 
level  of  slaves.  You  say  that  you  were  willing  to  give  Kossuth 
a  welcome,  but  that  he  demanded  more.  How  did  you  know 
that  he  '  demanded  more*  ?  How  did  you  learn  that  Kossuth 
demanded  more  than  a  cordial  welcome  ?  Where  did  he  ask  of 
you  even  so  much  as  a  welcome  ?  Was  it  in  your  capital  1  To 
whom  did  he  address  his  extravagant  and  offensive  reclamation? 
Was  it  to  your  president?  to  your  ministry?  to  your  Congress? 
No ;  all  alike  refused  to  receive  him,  refused  even  to  hear  him 
speak,  and  yet  you  say  he  demanded  too  much.  You  closed  his 
mouth  before  he  had  time  to  tell  you  what  he  thought,  and  what 
he  wanted,  or  whether  he  wanted  anything.  But  you  reply,  he 
was  overheard  to  say  that  he  expected  arms,  men,  money,  'ma 
terial  aid,  and  intervention.'  Overheard  ?  What !  did  you  de- 


FREEDOM.  237 

liver  Kossuth  from  Russian  surveillance  in  Turkey  to  establish 
an  espionage  over  him  of  your  own  ?  Shame !  shame  to  the 
country  that  so  lightly  regards  the  sanctity  of  the  character  of 
a  stranger  and  an  exile  !  But  you  say  that  he  would  have  de 
manded  intervention.  Suppose  he  should  have  demanded  inter 
vention]  Would  you  have  been  less  able  to  have  met  that 
unreasonable  demand  after  having  accorded  to  him  the  exact 
justice  which  was  his  due,  than  you  are  now  when  you  have 
done  him  injustice,  and  thus  clothed  him  with  the  sympathies  of 
your  people  and  of  mankind'?  But  you  aver  that  he  spoke 
irreverently  of  your  authority :  he  was  overheard  to  say,  in  the 
outgushing  of  his  gratitude  to  the  generous  people  who  received 
him  on  Staten  Island,  that  the  people  were  the  sovereigns  of  the 
government  of  the  United  States,  and  you  can  not  pardon  that 
offence.  What  if  he  did  say  that?  Are  not  the  people  the 
sovereigns  of  the  government  of  the  United  States  1  Which  one 
of  your  senators  or  representatives  dare  deny  in  his  place  that 
the  people  are  his  sovereigns  ?  But  you  say  that  you  had  a" 
precedent ;  that  you  once  took  offence  at  a  minister  of  France 
who  assumed  the  same  position.  You  refer  to  Genet.  But 
there  is  no  parallel.  Genet  was  a  minister  of  a  government  ac 
tually  hostile,  almost  belligerent.  He  was  in  negotiation,  and 
his  demands  were  denied.  He  took  an  appeal  from  the  decision 
of  your  government  to  the  people.  But  Kossuth  is  no  minister. 
He  is  your  guest.  He  went  to  you  not  to  negotiate,  or  to  de 
mand  a  right.  He  went  by  your  invitation  to  enjoy  your  hos 
pitalities.  You  have  decided  nothing  against  him.  He  has  sub 
mitted  no  appeal.  I  do  not  say  that  you  ought  to  have  granted 
intervention  had  it  been  demanded.  But  I  do  say  this,  that  the 
Hungarian  would  have  demanded  no  more  of  you  than,  in  a 
strait  less  severe  than  his,  I  solicited  and  obtained  for  the  United 
States  of  America  from  the  Bourbon  of  France.  Could  you  not 
have  pardoned  him  for  asking  what  you  had  once  asked  and 
obtained  for  yourselves  1  Was  it  so  great  a  fault  in  him  to  sup 
pose  that  now,  in  the  day  of  your  greatness,  prosperity,  and 
power,  you  might  not  be  unwilling  to  do  for  Hungary  what,  in 
the  day  of  your  infancy,  poverty,  and  weakness,  France  had 
done  for  yourselves  ?  You  say  you  stand  upon  precedent.  Pre 
cedent  1  By  whom  established  ?  By  yourselves.  Was  Hun- 


238  SELECTIONS. 

gary  concluded  by  such  a  precedent  ?  And  what  precedent  ? 
The  precedent  of  the  reception  given  to  Lafayette  1  Was  not 
even  that  reception  grudgingly  given  by  the  Congress  of  the 
United  States  1  If  the  ashes  of  Lafayette  could  be  reanimated, 
and  he  could  present  himself  again  upon  your  shores,  would  you 
not  now  willingly  accord  him  a  greater  than  the  welcome  he 
before  received  at  your  hands  —  a  welcome  such  as  it  was  pro 
posed  to  give  to  Kossuth  ?  Wherein  does  the  parallel  between 
Kossuth  and  Lafayette  fail  ?  Lafayette  began  his  career  as  a 
soldier  of  liberty  in  the  cause  of  your  country ;  but  he  pursued 
it  through  life  in  an  effort  to  establish  a  republic  in  his  own  be 
loved  land.  Kossuth  found  the  duty  which  first  devolved  upon 
him  was  to  wage  a  struggle  for  freedom  in  his  own  country. 
When  overborne  there,  he  became,  like  Lafayette,  a  champion 
of  liberty  throughout  the  world.  You  say  that  the  Russian 
might  have  taken  offence.  Is  America,  then,  brought  so  low 
that  she  fears  to  give  offence  when  commanded  by  the  laws  of 
nature  and  of  nations  1  What  right  had  Russia  to  prescribe 
whom  you  should  receive  and  whom  reject  from  your  hospitali 
ties  1  Let  no  such  humiliation  be  confessed." 

Thus  in  the  tribunal  of  the  public  opinion  of  mankind,  all  our 
pleas  are  disallowed.  We  have  exposed  ourselves  to  the  censure 
—  I  Avill  not  say  the  derision  of  the  world. —  Speeches  in  U.  S. 
Senate,  December,  1851. 

Conjjvcsstonal  Compromises. 

IT  is  insisted  that  the  admission  of  California  shall  be  at 
tended  by  a  COMPROMISE  of  questions  which  have  arisen  out  of 

SLAVERY ! 

I  AM  OPPOSED  TO  ANY  SUCH  COMPROMISE,  IN  ANY  AND  ALL 
THE  FORMS  IN  WHICH  IT  HAS  BEEN  PROPOSED  ;  because,  while 

admitting  the  purity  and  the  patriotism  of  all  from  whom  it  is 
my  misfortune  to  differ,  I  think  all  legislative  compromises, 
which  are  not  absolutely  necessary,  radically  wrong  and  essen 
tially  vicious.  They  involve  the  surrender  of  the  exercise  of 
judgment  and  conscience  on  distinct  and  separate  questions,  at 
distinct  and  separate  times,  with  the  indispensable  advantages  it 
affords  for  ascertaining  truth.  They  involve  a  relinquishment  of 


FREEDOM.  239 

the  right  to  reconsider  in  future  the  decisions  of  the  present,  on 
questions  prematurely  anticipated.  And  they  are  acts  of  usurpa 
tion  as  to  future  questions  of  the  province  of  future  legislators. 

Sir,  it  seems  to  me  as  if  slavery  had  laid  its  paralyzing  hand 
upon  myself,  and  the  blood  were  coursing  less  freely  than  its 
wont  through  my  veins,  when  I  endeavor  to  suppose  that  such 
a  compromise  has  been  effected,  and  that  my  utterance  for  ever 
is  arrested  upon  all  the  great  questions  —  social,  moral,  and 
political  —  arising  out  of  a  subject  so  important,  and  as  yet  so 
incomprehensible. 

What  am  I  to  receive  in  this  compromise  ?  Freedom  in  Cali 
fornia.  It  is  well ;  it  is  a  noble  acquisition  ;  it  is  worth  a  sacri 
fice.  But  what  am  I  to  give  as  an  equivalent  ?  A  recognition 
of  the  claim  to  perpetuate  slavery  in  the  District  of  Columbia ; 
forbearance  toward  more  stringent  laws  concerning  the  arrest  of 
persons  suspected  of  being  slaves  found  in  the  free  states ;  for 
bearance  from  the  proviso  of  freedom  in  the  charters  of  new 
territories.  None  of  the  plans  of  compromise  offered  demand 
less  than  two,  and  most  of  them  insist  on  all  of  these  conditions. 
The  equivalent,  then,  is,  some  portion  of  liberty,  some  portion 
of  human  rights  in  one  region  for  liberty  in  another  region. 
But  California  brings  gold  and  commerce  as  well  as  freedom. 
I  am,  then,  to  surrender  some  portion  of  human  freedom  in  the 
District  of  Columbia,  and  in  East  California  and  New  Mexico, 
for  the  mixed  consideration  of  liberty,  gold,  and  power,  on  the 
Pacific  coast. 

This  view  of  legislative  compromises  is  not  new.  It  has 
widely  prevailed,  and  many  of  the  state  constitutions  interdict 
the  introduction  of  more  than  one  subject  into  one  bill  submitted 
for  legislative  action. 

It  was  of  such  compromises  that  Burke  said,  in  one  of  the 
loftiest  bursts  of  even  his  majestic  parliamentary  eloquence  :  — 

"Far,  far  from  the  commons  of  Great  Britain  be  all  manner  of  real  vice; 
but  ten  thousand  times  farther  from  them,  as  far  as  from  pole  to  pole,  be 
the  whole  tribe  of  spurious,  affected,  counterfeit,  and  hypocritical  virtues  1 
These  are  the  things  which  are  ten  thousand  times  more  at  war  with  real 
virtue,  these  are  the  things  which  are  ten  thousand  times  more  at  war  with 
real  duty,  than  any  vice  known  by  its  name  and  distinguished  by  its  proper 
character. 

"Far,  far  from  us  be  that  false  and  affected  candor  that  is  eternally  in 


240  SELECTIONS. 

treaty  with  crime  —  that  half  virtue,  which,  like  the  ambiguous  animal  that 
flies  about  in  the  twilight  of  a  compromise  between  day  and  night,  is,  to  a 
just  man's  eye,  an  odious  and  disgusting  thing.  There  is  no  middle  point, 
my  lords,  in  which  the  commons  of  Great  Britain  can  meet  tyranny  and 
oppression."  —  Speech  in  V.  8.  Senate,  March  11,  1850. 

£1)0  j&ecaption  of  jFuflitibc  Slabes  m  t!)c  j?rce  States. 

I  ADVERT  to  the  proposed  alteration  of  the  law  concerning 
fugitives  from  service  or  labor.  I  shall  speak  on  this  as  on  all 
subjects  with  due  respect,  but  yet  frankly  and  without  reserva* 
tion.  The  constitution  contains  only  a  compact,  which  rests  for 
its  execution  on  the  states.  Not  content  with  this,  the  slave 
states  induced  legislation  by  Congress ;  and  the  supreme  court 
of  the  United  States  have  virtually  decided  that  the  whole  sub 
ject  is  within  the  province  of  Congress,  and  exclusive  of  state 
authority.  Nay,  they  have  decided  that  slaves  are  to  be  regarded 
not  merely  as  persons  to  be  claimed,  but  as  property  and  chat 
tels,  to  be  seized  without  any  legal  authority  or  claim  whatever. 
The  compact  is  thus  subverted  by  the  procurement  of  the  slave 
states.  With  what  reason,  then,  can  they  expect  the  states,  ex 
gratia,  to  reassume  the  obligations  from  which  they  caused  those 
states  to  be  discharged  ?  I  say,  then,  to  the  slave  states,  you 
are  entitled  to  no  more  stringent  laws ;  and  that  such  laws  would 
be  useless.  The  cause  of  the  inefficiency  of  the  present  statute 
is  not  at  all  the  leniency  of  its  provisions.  It  is  a  law  that  de 
prives  the  alleged  refugee  from  a  legal  obligation  not  assumed 
by  him,  but  imposed  upon  him  by  laws  enacted  before  he  was 
born,  of  the  writ  of  habeas  corpus,  and  of  any  certain  judicial 
process  of  examination  of  the  claim  set  up  by  his  pursuer,  and 
finally  degrades  him  into  a  chattel  which  may  be  seized  and 
carried  away  peaceably  wherever  found,  even  although  exer 
cising  the  rights  and  reponsibilities  of  a  free  citizen  of  the  com 
monwealth  in  which  he  resides,  and  of  the  United  States  —  a 
law  which  denies  to  the  citizen  all  the  safeguards  of.  personal 
liberty,  to  render  less  frequent  the  escape  of  the  bondman. 
And  since  complaints  are  so  freely  made  against  the  one  side,  I 
shall  not  hesitate  to  declare  that  there  have  been  even  greater 
faults  on  the  other  side.  Belying  on  the  perversion  of  the  con 
stitution,  which  makes  slaves  mere  chattels,  the  slave  states 


FREEDOM.  241 

have  applied  to  them  the  principles  of  the  criminal  law,  and 
have  held  that  he  who  aided  the  escape  of  his  fellow -man  from 
bondage  was  guilty  of  a  larceny  in  stealing  him.  I  speak  of 
what  I  know.  Two  instances  came  within  my  own  knowledge, 
in  which  governors  of  slave  states,  under  the  provision  of  the 
constitution  relating  to  fugitives  from  justice,  demanded  from  the 
governor  of  a  free  state  the  surrender  of  persons  as  thieves 
whose  alleged  offences  consisted  in  constructive  larceny  of  the 
rags  that  covered  the  persons  of  female  slaves,  whose  attempt 
at  escape  they  had  permitted  or  assisted. 

We  deem  the  principle  of  the  law  for  the  recapture  of  fugi 
tives,  as  thus  expounded,  therefore,  unjust,  unconstitutional,  and 
immoral ;  and  thus,  while  patriotism  withholds  its  approbation, 
the  consciences  of  our  people  condemn  it. 

You  will  say  that  these  convictions  of  ours  are  disloyal. 
Grant  it  for  the  sake  of  argument.  They  are,  nevertheless, 
honest ;  and  the  law  is  to  he  executed  among  us,  not  among 
you ;  not  by  us,  but  by  the  federal  authority.  Has  any  govern 
ment  ever  succeeded  in  changing  the  moral  convictions  of  its 
subjects  by  force  ?  But  these  convictions  imply  no  disloyalty. 
We  reverence  the  Constitution,  although  we  perceive  this  de 
fect,  just  as  we  acknowledge  the  splendor  and  the  power  of  the 
sun,  although  its  surface  is  tarnished  with  here  and  there  an 
opaque  spot. 

Your  constitution  and  laws  convert  hospitality  to  the  refugee 
from  the  most  degrading  oppression  on  earth  into  a  crime,  but 
all  mankind  except  you  esteem  that  hospitality  a  virtue.  The 
right  of  extradition  of  a  fugitive  from  justice  is  not  admitted  by 
the  law  of  nature  and  of  nations,  but  rests  in  voluntary  compacts. 
I  know  of  only  two  compacts  found  in  diplomatic  history  that 
admitted  EXTRADITION  OF  SLAVES.  Here  is  one  of  them.  It 
is  found  in  a  treaty  of  peace  made  between  Alexander,  Comne- 
nus,  and  Leontine,  Greek  emperors  at  Constantinople,  and  Oleg, 
king  of  Russia,  in  the  year  902,  and  is  in  these  words  :  — 

"  If  a  Russian  slave  take  flight,  or  even  if  he  is  carried  away  by  any  one, 
under  pretence  of  having  been  bought,  his  master  shall  have  the  right  and 
power  to  pursue  him,  and  hunt  for  and  capture  him  wherever  lie  shall  be 
found;  and  any  person  who  shall  oppose  the  master  in  the  execution  of 
this  right,  shall  be  deemed  guilty  of  violating  this  treaty,  and  be  punished 
accordingly-." 

11 


242  SELECTIONS. 

This  was  in  the  year  of  grace  902,  in  the  period  called  the 
"  Dark  Ages,"  and  the  contracting  powers  were  despotisms. 
And  here  is  the  other :  — 

"Xo  person  held  to  service  or  labor  in  one  state,  under  the  laws  thereof, 
escaping  into  another,  shall,  in  consequence  of  any  law  or  regulation  there 
in,  be  discharged  from  such  service  or  labor,  but  shall  be  delivered  up,  oil 
claim  of  the  party  to  whom  such  service  or  labor  is  due." 

This  is  from  the  constitution  of  the  United  States  in  1787,  and 
the  parties  were  the  republican  states  of  this  Union.  The  law 
of  nations  disavows  such  compacts ;  the  law  of  nature,  written 
on  the  hearts  and  consciences  of  freemen,  repudiates  them 
Armed  power  could  not  enforce  them,  because  there  is  no  pub 
lic  conscience  to  sustain  them.  I  know  that  there  are  laws  of 
various  sorts  which  regulate  the  conduct  of  men.  There  are 
constitutions  and  statutes,  codes  mercantile  and  codes  civil ;  but 
when  we  are  legislating  for  states,  especially  when  we  are  found 
ing  states,  all  these  laws  must  be  brought  to  the  standard  of  the 
laws  of  God,  and  must  be  tried  by  that  standard,  and  must 
stand  or  fall  by  it.  This  principle  was  happily  explained  by 
one  of  the  most  distinguished  political  philosophers  of  England 
in  these  emphatic  words:  — 

"There  is  but  one  law  for  all,  namely,  that  law  which  governs  all  law; 
the  law  of  our  Creator,  the  law  of  humanity,  justice,  equity,  the  law  of 
nature  and  of  nations.  So  far  as  anv  laws  fortify  this  primeval  law,  and 
give  it  more  precision,  more  energy,  more  effect  by  their  declarations,  such 
laws  enter  into  the  sanctuary  and  participate  in  the  sacred  ness  of  its  char 
acter;  but  the  man  who  quotes  as  precedents  the  abuses  of  tyrants  and  rob 
bers,  pollutes  the  very  fountains  of  justice,  destroys  the  foundations  of  nil 
law,  and  therefore  removes  the  only  safeguard  against  evil  men,  whether 
governors  or  governed;  the  guard  which  prevents  governors  from  becoming 
tyrants,  and  the  governed  from  becoming  rebels." 

There  was  deep  philosophy  in  the  confession  of  an  eminent 
English  judge.  When  he  had  condemned  a  young  woman  to 
death,  under  the  late  sanguinary  code  of  his  country,  for  her 
first  petty  theft,  she  fell  down  dead  at  his  feet.  "  I  seem  to 
myself,"  said  he,  "  to  have  been  pronouncing  sentence,  not 
against  the  prisoner,  but  against  the  law  itself." 

To  conclude  on  this  point.  We  are  not  slaveholders.  We 
can  not,  in  our  judgment,  be  either  true  Christians' or  real  free 
men)  if  we  impose  on  another  a  chain  that  we  defy  all  human 


FREEDOM.  243 

power  to  fasten  on  ourselves.  You  believe  and  tliink  otherwise, 
and  doubtless  with  equal  sincerity.  We  judge  you  not,  and  He 
alone  who  ordained  the  conscience  of  man  and  its  laws  of  action 
can  judge  us.  Do  we  then,  in  this  conflict  of  opinion,  demand 
of  you  an  unreasonable  thing  in  asking  that,  since  you  will  havo 
property  that  can  and  will  exercise  human  powers  to  effect  its 
escape,  you  shall  be  your  own  police,  and,  in  acting  among  us 
as  such,  you  shall  conform  to  principles  indispensable  to  the 
security  of  admitted  rights  of  freemen  ?  If  you  will  have  this 
law  executed,  you  must  alleviate,  not  increase,  its  rigors. — 
SpeecJi  in  U.  S.  Senate,  March  11,  1850. 

»  £ije  jfuaitibe  Slabc  3Lato  of  1793  {Unconstitutional  ana  ITotU. 

THE  law  is  based  upon  the  second  section  of  Article  IV.  of 
the  constitution :  "  No  person  held  to  service  or  labor,  in  one 
state,  under  the  laws  thereof,  escaping  into  another,  shall,  in 
consequence  of  any  law  or  regulation  therein,  be  discharged 
from  such  service  or  labor ;  but  shall  be  delivered  up,  on  claim 
of  the  party  to  whom  such  service  or  labor  may  be  due." 

If  we  admit,  for  the  purpose  of  the  argument,  that  this  sec 
tion  furnishes  ground  for  the  exercise  of  legislation,  by  the  Con 
gress  of  the  United  States,  to  cany  the  section  into  execution, 
we  may,  nevertheless,  confidently  assert,  that  such  legislation 
must  be  confined  to  the  very  object  and  purpose  of  the  section, 
and  can  not  be  extended  further.  If  any  state  should  pass  any 
law,  or  establish  any  regulation  adapted  to  work  a  discharge  of 
persons  escaping  into  its  jurisdiction  from  lawful  obligation  of 
labor  or  service,  existing  in  the  state  whence  they  fled,  or  to 
prevent  their  delivery  to  proper  claimants,  Congress  might  ab 
rogate  such  law  or  regulation.  But  such  an  act  of  abrogation 
would  be  unnecessary,  because  the  offensive  law  or  regulation 
would  be  unconstitutional,  and  ipso  facto  void.  Here  the  con 
stitutional  power  reposed  in  Congress  to  legislate  on  this  subject 
must  end;  for  the  object  of  the  second  article  is  attained  when 
such  action  or  legislation  by  the  several  states,  is  effectually 
prohibited  or  defeated.  We  admit  that  the  section  provides  that 
the  fugitive  "  shall  be  delivered  up,  on  claim  of  the  party  to 
whom  such  service  or  labor  may  be  clue."  But  these  are  merely 


244  SELECTIONS. 

words  of  explanation,  giving  precision,  force,  and  effect,  to  the 
inhibition  of  the  passage  of  laws  or  adoption  of  regulations  by 
the  states  for  the  discharge  of  fugitives.  Any  law  or  regulation 
of  a  state,  which  may  work  the  discharge  of  the  fugitive,  shall 
be  so  absolutely  void,  that  not  only  such  consequence  shall  not 
take  effect,  but  the  right  of  recaption  shall  not  be  at  all  affected 
by  such  law  or  regulation.  The  section  would  have  full,  com 
plete,  and  satisfactory  effect  through  judicial  action.  If  a  per 
son  in  any  court  of  any  state  claimed  that  another  who  had 
escaped  into  its  jurisdiction  was  lawfully  held  in  the  state  whence 
he  fled,  to  labor  for  the  claimant,  and  if  the  defendant  being 
either  the  person  against  whom  the  claim  was  made,  or  any 
other  person,  or  even  the  state  within  whose  jurisdiction  the 
fugitive  was  found,  should  interpose  by  plea  any  law  or  regula 
tion  affecting  to  discharge  him  from  such  obligation  imposed  by 
the  law  of  the  other  state,  that  plea  should  be  overruled.  The 
second  section  would  necessarily  receive  this  complete  effect  by 
the  adjudication  of  the  courts  of  law  of  the  United  States,  and 
of  every  state,  without  any  interposition  by  Congress  whatever. 
No  law  of  Congress  could  give  to  the  section  any  greater  force, 
effect,  or  power ;  because  all  laws  must  be  tried  by  the  constitu 
tion  before  the  judiciary.  It  results  from  this  that  the  court  in 
which  such  a  claim  should  be  asserted,  would  be  confined  to  try 
the  questions  first,  whether  the  alleged  fugitive  from  labor  was 
held  to  labor  to  the  claimant  in  another  state  by  the  laws  of 
that  state,  and  secondly,  whether  he  had  escaped  from  that  state 
into  the  state  where  he  was  found.  And  the  court  would  have 
a  right  to  decide  upon  the  validity  of  the  laws  of  the  other  state, 
by  which  the  fugitive  was  alleged  to  be  held  to  labor,  and  be 
obliged  to  decide  upon  them  as  courts  now  do  in  all  cases  of 
conflict  of  laws.  The  court  would  be  restricted  in  this  judicial 
proceeding,  only  in  two  respects  ;  first,  they  must  not  allow  a 
plea  of  any  law  or  regulation  of  the  state  where  the  fugitive 
was  found,  to  Avork  his  discharge  from  an  obligation  created  by 
the  laws  of  the  state  from  which  he  fled ;  and  secondly,  the 
court  might  perhaps  be  obliged,  by  the  last  clause  of  the  section, 
to  pronounce  judgment,  that  the  fugitive  should  be  delivered  to 
the  party  who  had  established  the  claim  to  the  labor  or  service 
of  the  fugitive..  If  it  be  assumed  that  the  courts  of  the  state,  or 


FREEDOM.  245 

of  the  United  States,  might  disregard  the  constitutional  inhibi 
tion  :  we  reply,  first,  that  Congress  can  not  presume,  nor  can 
this  court  presume  that  any  court  would  be  guilty  of  a  derelic 
tion  ;  and  secondly,  that  the  remedy  could  always  be  applied  In 
a  revision  of  the  proceedings  of  inferior  courts  by  the  supreme 
court  of  the  United  States,  whose  power  on  questions  of  consti 
tutional  law  is  higher  than  that  of  the  legislature 

Again.  It  is  a  duty  of  the  citizen,  and  a  duty  of  man,  in 
every  social  state,  and  even  in  savage  life,  to  give  necessary 
shelter,  comfort,  and  sustenance,  to  the  wayfaring  man,  the 
stranger,  and  the  fugitive.  Such  exiles  have  a  natural  right  to 
demand  protection  and  charity.  That  right  is  sustained  by  di 
vine  laws.  The  act  of  1793,  however  necessary,  or  even  just  its 
provisions,  by  forbidding  hospitalities  to  a  class  excepted  from 
among  all  other  men,  is  in  derogation  of  the  rights  of  citizenship, 
and  of  manhood. —  Argument,  U.  S.  Supreme  Court,  Dec.,  1847. 

HFtcaHttton  of  jFitflittbrs. 

"No  person  held  to  service  or  labor,  in  one  state,  under  the 
laws  thereof,  escaping  into  another,  shall,  in  consequence  of  any 
law  or  regulation  therein,  be  discharged  from  such  service  or  labor, 
Imt  shall  be  delivered  up  on  claim  of  the  party,"  &c.  This  is 
a  mere  announcement  of  a  principle  which  shall  be  paramount, 
in  courts  of  justice,  to  any  local  laws  or  regulations. 

Nor  is  the  origin  of  the  principle  of  this  latter  clause,  in  any 
degree  the  same,  with  the  source  to  which  we  have  traced  the 
principle  of  extradition  of  fugitives  from  justice.  The  latter  is 
found  in  the  comity  of  nations,  and  in  the  necessity  of  maintain 
ing  the  cause  of  justice,  of  order,  of  law,  and  of  government. 
The  former  has  no  such  foundation.  If  by  the  words  "  persons 
held  to  service  or  labor"  are  meant,  as  some  suppose,  persons 
held  by  contract,  we  shall  look  in  vain  throughout  the  history 
of  every  civilized  state,  for  a  principle  so  much  at  war  with  hu 
man  liberty,  as  the  surrender  of  fugitive  debtors.  Some  modern 
states  allow  to  citizens,  or  subjects  of  other  states,  access  to 
courts  of  justice,  to  enforce  obligations  of  debt  by  the  remedies 
given  in  similar  cases  to  their  own  citizens.  None  ever  surren 
dered —  and  none  ever  will  surrender  a  fugitive  debtor,  to  be 
conveyed  to  the  state  where  the  obligation  was  incurred. 


246  SELECTIONS. 

Another  opinion  exists,  which  is  thus  expressed  by  the  late 
and  lamented  Justice  Story :  "  The  object  of  this  clause  was 
*  to  secure  to  the  citizens  of  the  slave-holding  states  the  complete 
right  and  title  of  ownership  in  their  slaves  as  property  in  every 
state  in  the  Union,  into  which  they  might  escape  from  the  state- 
where  they  were  held  in  servitude.'  "  If  this  opinion  be  adopt 
ed,  the  very  shadow  of  analogy  between  the  two  constitutional 
powers  will  vanish.  For,  by  the  general  law  of  nations,  none 
is  bound  to  recognise  the  state  of  slavery  as  to  foreign  slaves, 
found  within  its  territorial  dominions,  when  it  is  in  opposition  to 
its  own  policy  and  institutions,  in  favor  of  the  subjects  of  other 
nations,  where  slavery  is  recognised.  There  is  not  now,  and 
never  was,  any  such  comity  of  nations,  as  dictated  compacts  for 
the  surrender  of  fugitive  slaves.  No  Christian  nation  would 
ever  make  such  a  compact.  Every  state  has  denied  an  obliga 
tion  to  surrender  persons  claimed  to  be  slaves.  It  was  truly 
said,  by  the  distinguished  judge  last  mentioned,  that  "  if  the  con 
stitution  had  not  contained  the  clause  now  under  consideration, 
every  non-slaveholding  state  in  the  Union  would  have  been  at 
liberty  to  have  declared  free  all  runaway  slaves  coming  within 
its  limits,  and  to  have  given  them  entire  immunity,  and  protec 
tion  against  the  claims  of  their  masters."  Therefore  the  clause 
is  an  abridgment  of  state  sovereignty — it  conflicts  with  the  prin 
ciples  of  natural  and  civil  liberty,  and  contrasts,  at  least,  strongly 
with  the  rights  and  privileges  guarantied  to  the  citizens  of  all 
the  states  by  the  constitution.  It  is,  therefore,  to  be  strictly 
construed.  If  strictly  construed,  the  clause  spends  its  whole 
force  in  an  inhibition  of  laws  and  regulations  calculated,  in  one 
state,  to  work  a  discharge  of  fugitives  held  to  labor  in  other 
states,  by  the  laws  thereof,  and  neither  needs  nor  contemplates, 
legislation  by  Congress,  but  relies  for  its  execution,  upon  the 
judicial  authorities  of  the  states  and  of  the  Union. 

The  work  of  usurpation  once  begun,  derives  strength  from 
precedent  and  fearful  force  from  judicial  acquiescence.  Thus 
it  has  happened  in  regard  to  the  claim  under  consideration.  The 
very  structure  of  the  provision  shows  that  it  was  designed  merely 
to  limit  and  restrict  the  legislative  power  of  the  states,  not  to 
deprive  them  of  all  power  to  legislate  concerning  fugitives  from 
slavery.  No  person  held  to  labor  by  the  laws  of  one  state,  and 


FREEDOM.  247 

escaping  into  another,  shall  be  discharged  in  consequence  of  any 
law  or  regulation  of  that  state.  This  language  plainly  implies 
that  any  state  may  pass  what  laws,  and  establish  what  regula 
tions  it  may  deem  expedient,  and  those  laws  will  be  valid  and 
effectual,  save  only  in  one  respect,  namely,  that  no  person  shall, 
in  consequence  thereof,  be  discharged  from  labor  or  service  due, 
in  another  state,  by  the  laws  thereof.  It  was  so  understood 
throughout  the  Union.  Accordingly,  at  a  very  early  period, 
every  state,  or  almost  every  state,  enacted  laws  regulating  the 
proceedings  on  the  claim  of  fugitives,  in  harmony,  as  was  be 
lieved,  with  the  constitutional  provisions.  But  after  a  lapse  of 
fifty  years,  and  after  acquiescence  during  that  peiiod  by  nearly 
all  the  states  in  this  system  of  legislation,  it  was  decided  in  the 
case  of  Prigg  vs.  Pennsylvania,  that  the  restriction  of  state  leg 
islative  power  was  an  absolute  inhibition  of  its  exercise.  With 
the  most  profound  deference,  we  submit  that  the  error  of  that 
adjudication  need  not  be  exposed  by  argument,  but  is  apparent 
and  rendered  palpable,  by  bringing  the  constitution  and  the 
adjudication  into  simple  juxtaposition  and  contrast.  —  Argument 
in  U.  S.Supj-eme  Court,  1847. 

Emancipation  in  tfjc  Bistrirt  of  Columbia. 

WE  of  the  free  states  are,  equally  with  you  of  the  slave 
states,  responsible  for  the  existence  of  slavery  in  this  district,  the 
field  exclusively  of  our  common  legislation.  I  regret  that,  as 
yet,  I  see  little  reason  to  hope  that  a  majority  in  favor  of  eman 
cipation  exists  here.  The  legislature  of  New  York,  from  whom, 
with  great  deference,  I  dissent,  seems  willing  to  accept  now  the 
extinction  of  the  slave-trade,  and  waive  emancipation.  But  we 
shall  assume  the  whole  responsibility  if  we  stipulate  not  to  ex 
ercise  the  power  hereafter  when  a  majority  shall  be  obtained. 
Nor  will  the  plea  with  which  you  would  furnish  us  be  of  any 
avail.  If  I  could  understand  so  mysterious  a  paradox  myself,  I 
never  should  be  able  to  explain  to  the  apprehension  of  the  poo- 
pie  whom  I  represent,  how  it  was  that  an  absolute  and  express 
power  to  legislate  in  all  cases  over  the  District  of  Columbia  was 
embarrassed  and  defeated  by  an  implied  condition  not  to  legis 
late  for  the  abolition  of  slavery  in  this  district.  Sir,  I  shall  vote 


248  SELECTIONS. 

for  that  measure,  and  I  am  willing  to  appropriate  any  means 
necessary  to  carry  it  into  execution.  And,  if  I  shall  be  asked 
what  I  did  to  embellish  the  capital  of  my  country,  I  ^vill  point 
to  her  freedmen,  and  say,  "  These  are  the  monuments  of  my  mu 
nificence  !" 
*  *  *  *  *  *  #  # 

I  think  it  wrong  to  hold  men  in  bondage  at  any  time  and 
under  any  circumstances.  I  thing  it  right  and  just,  therefore, 
to  abolish  slavery  when  we  have  the  power,  at  any  time,  at  all 
times,  under  any  circumstances.  Now,  sir,  so  far  as  the  objection 
rests  upon  the  time  when  this  measure  is  proposed,  I  beg  leave 
to  say  that  if  the  present  time  is  not  the  right  time,  then  there 
must  be,  or  there  must  have  been,  some  other  time,  and  that 
must  be  a  time  that  is  already  past,  or  time  yet  to  come.  Well, 
sir,  slavery  has  existed  here  under  the  sanction  of  Congress  for 
fifty  years,  undisturbed.  The  right  time,  then,  has  not  passed. 
It  must,  therefore,  be  a  future  time.  "Will  gentlemen  oblige  me 
and  the  country  by  telling  us  how  far  down  in  the  future  the  right 
time  lies  1  When  will  it  be  discreet  to  bring  before  Congress 
and  the  people  the  abolition  of  slavery  in  the  District  of  Colum 
bia  1  Sir,  let  not  senators  delude  themselves.  The  right  time, 
if  it  be  not  now,  will  never  come.  Sir,  each  senator  must  judge 
for  himself.  Judging  for  myself,  I  am  sure  the  right  time  has 
come.  Past  the  middle  age  of  life,  it  has  happened  to  me  now, 
for  the  first  time,  to  be  a  legislator  for  slaves.  I  believe  it  to  be 
my  duty  to  the  people  of  this  district,  to  the  country,  and  to 
mankind,  to  restore  them  to  freedom.  For  the  performance  of 
such  a  duty,  the  first  time  and  the  first  occasion  which  offers  is 
the  right  one.  The  people  who  sent  me  here  knew  my  opin 
ions  and  my  principles  011  that  subject.  If  I  should  waive  this 
time  and  this  occasion,  such  is  the  uncertainty  of  human  life  and 
human  events,  that  no  other  may  offer  themselves  to  me.  I  could 
not  return  to  the  people  who  sent  me  here,  nor  could  I  go  be 
fore  my  Maker,  having  been  here,  without  having  humbly,  but 
firmly,  endeavored  to  discharge  that  great  obligation. 

Sir,  I  can  spare  one  word  of  reply,  not  to  the  wretched  impu 
tation  that  I  seek  by  this  measure  to  dissolve  the  union  of  these 
states,  but  to  the  argument  that  the  measure  itself  tends  to  so 
disastrous  a  consummation.  This  Union  is  the  feeblest  and 


FREEDOM.  249 

weakest  national  power  that  exists  on  the  earth,  if  with  twenty 
millions  of  freemen  now  it  can  not  bear  the  shock  of  adding  two 
thousand  to  their  number.  The  Union  stands,  as  I  have  de 
monstrated  at  large  on  former  occasions,  not  upon  a  majority 
of  voices  in  either  or  both  houses  of  Congress  upon  any  measure 
whatever,  but  iipon  enduring  physical,  social,  and  political  ne 
cessities,  which  will  survive  all  the  questions  and  commotions 
and  alarms  of  this  day,  and  will  survive  the  extinction  of  slavery, 
not  only  in  the  District  of  Columbia,  but  throughout  the  world. 
Others  may  try  to  save  it  from  imaginary  perils,  by  concessions 
to  slavery.  I  shall  still  seek  to  perpetuate  it  by  rendering  the 
exercise  of  its  power  equal,  impartial,  and  beneficent,  to  all 
classes  and  conditions  of  mankind. —  Speeches  in  U.  S.  Senate, 
1850. 

2ttmi!£s:(m  of  jtfcto  Slabdiottimcj  States. 

I  SAID  I  would  have  voted  for  the  admission  of  California 
even  as  a  slave  state,  under  the  extraordinary  circumstances 
which  I  have  before  distinctly  described.  I  say  that  now  ;  but 
I  say  also,  that  before  I  would  agree  to  admit  any  more  states 
from  Texas,  the  circumstances  which  render  such  an  act  neces 
sary  must  be  shown,  and  must  be  such  as  to  determine  my  obli 
gation  to  do  so ;  and  that  is  precisely  what  I  insist,  can  not  be 
settled  now.  It  must  be  left  for  those  to  whom  the  responsibility 
will  belong. 

Mr.  President,  I  understand,  and  I  am  happy  in  understand 
ing,  that  I  agree  with  the  honorable  senator  from  Massachusetts, 
that  there  is  no  obligation  upon  Congress  to  admit  four  new  slave 
states  out  of  Texas,  but  that  Congress  has  reserved  her  right  to 
say  whether  those  states  shall  be  formed  and  admitted  or  not. 
I  shall  rely  on  that  reservation.  I  shall  vote  to  admit  no  more 
slave  states,  unless  under  circumstances  absolutely  compulsory 
—  and  no  such  case  is  now  foreseen. 

Mr.  WEBSTER.  What  I  said  was,  that  if  the  states  hereafter 
to  be  made  out  of  Texas  choose  to  come  in  as  slave  states,  they 
have  a  right  so  to  do. 

Mr.  SEWARD.  My  position  is,  that  they  have  not  a  right  to 
come  in  at  all,  if  Congress  rejects  their  institutions.  The  eubdi- 

11* 


250  SELECTIONS. 

vision  of  Texas  is  a  matter  optional  with  both  parties,  Texas  and 
the  United  States. 

Mr.  WEBSTER.  Does  the  honorable  senator  mean  to  say  that 
Congress  can  hereafter  decide  whether  they  shall  be  slave  or 
free  states  ? 

Mr.  SEWARD.  I  mean  to  say  that  Congress  can  hereafter  de 
cide  whether  any  states,  slave  or  free,  can  be  framed  out  of 
Texas.  If  they  should  never  be  framed  out  of  Texas,  they 
never  could  be  admitted. 

Another  objection  arises  out.  of  the  principle  on  which  the  de 
mand  for  compromise  rests.  That  principle  assumes  a  classifica 
tion  of  the  states  as  northern  and  southern  states,  as  it  is  ex 
pressed  by  the  honorable  senator  from  South  Carolina  [Mr.  CAL- 
HOUN],  but  into  slave  states  and  free  states,  as  more  directly  ex 
pressed  by  the  honorable  senator  from  Georgia  [Mr.  BERRIEN]. 
The  argument  is,  that  the  states  are  severally  equal,  and  that 
these  two  classes  were  equal  at  the  first,  and  that  the  constitu 
tion  was  founded  on  that  equilibrium ;  that  the  states  being 
equal,  and  the  classes  of  the  states  being  equal  in  rights,  they 
are  to  be  regarded  as  constituting  an  association  in  which  each 
state,  and  each  of  these  classes  of  states,  respectively,  contribute 
in  due  proportions ;  that  the  new  territories  are  a  common  ac 
quisition,  and  the  people  of  these  several  states  and  classes  of 
states,  have  an  equal  right  to  participate  in  them,  respectively ; 
that  the  right  of  the  people  of  the  slave  states  to  emigrate  to 
the  territories  with  their  slaves  as  property  is  necessary  to  afford 
such  a  participation  on  their  part,  inasmuch  as  the  people  of  the 
free  states  emigrate  into  the  same  territories  with  their  property. 
And  the  argument  deduces  from  this  right  the  principle  that,  if 
Congress  exclude  slavery  from  any  part  of  this  new  domain,  it 
would  be  only  just  to  set  off  a  portion  of  the  domain  —  some  say 
south  of  36°  30',  others  south  of  34°  —  which  should  be  regarded 
at  least  as  free  to  slavery,  and  to  be  organized  into  slave  states. 

Argument  ingenious  and  subtle,  declamation  earnest  and  bold, 
and  persuasion  gentle  and  winning  as  the  voice  of  the  turtle 
dove  when  it  is  heard  in  the  land,  all  alike  and  all  together  have 
failed  to  convince  me  of  the  soundness  of  this  principle  of  the 
proposed  compromise,  or  of  any  one  of  the  propositions  on  which 
it  is  attempted  to  be  established. 


FREEDOM.  251 

How  is  the  original  equality  of  the  states  proved  ?  It  rests 
on  a  syllogism  of  Vattel,  as  follows  :  All  men  are  equal  by  the 
law  of  nature  and  of  nations.  But  states  are  only  lawful  aggre 
gations  of  individual  men,  who  severally  are  equal.  Therefore, 
states  are  equal  in  natural  rights.  All  this  is  just  and  sound. 
But  assuming  the  same  premises,  to  wit,  that  all  men  are  equal 
by  the  law  of  nature  and  of  nations,  the  right  of  property  in 
slaves  falls  to  the  ground ;  for  one  who  is  equal  to  another  can 
not  be  the  owner  or  property  of  that  other.  But  you  answer,* 
that  the  constitution  recognises  property  in  slaves.  It  would 
be  sufficient,  then,  to  reply,  that  this  constitutional  recognition 
must  be  void,  because  it  is  repugnant  to  the  law  of  nature  and 
of  nations.  But  I  deny  that  the  constitution  recognises  property 
in  man.  I  submit,  on  the  other  hand,  most  respectfully,  that 
the  constitution  not  merely  does  not  affirm  that  principle,  but, 
on  the  contrary,  altogether  excludes  it. 

The  constitution  does  not  expressly  affirm  anything  on  the 
subject ;  all  that  it  contains  is  two  incidental  allusions  to  slaves. 
These  are,  first,  in  the  provision  establishing  a  ratio  of  represen 
tation  and  taxation ;  and  secondly,  in  the  provision  relating  to 
fugitives  from  labor.  In  both  cases,  the  constitution  designedly 
mentions  slaves,  not  as  slaves,  much  less  as  chattels,  but  as  per 
sons.  That  this  recognition  of  them  as  persons  was  designed  is 
historically  known,  and  I  think  was  never  denied.  I  give  only 
two  of  the  manifold  proofs.  First,  JOHN  JAY,  in  the  Federalist, 
says : 

"Lot  the  case  of  the  slaves  be  considered,  as  it  is  iu  truth,  a  peculiar  one. 
Let  the  compromising  expedient  of  the  constitution  be  mutually  adopted 
which  regards  them  ns  inhabitants,  but  as  debased  below  the  equal  level 
of  free  inhabitants,  which  regards  the  slave  as  divested  of  two  fifths  of  tho 
man." 

Yes,  sir,  of  two  fifths,  but  of  only  two  fifths ;  leaving  still 
three  fifths ;  leaving  the  slave  still  an  inhabitant,  a  person,  a 
living,  breathing,  moving,  reasoning,  immortal  man. 

The  other  proof  is  from  the  debates  in  the  convention.  It  is 
brief,  and  I  think  instructive  : — 

AUGUST  28,  1787. 

"Mr.  BUTLER  and  Mr.  PINCKSKT  moved  to  require  fugitive  slaves  and  ser 
vants  to  b«  delivered  up  like 


252  SELECTIONS. 

"Mr.  WILSOX.  This  would  oblige  the  executive  of  the  state  to  do  it  at 
public  expense. 

"Mr.  SHERMAN  saw  no  more  propriety  in  the  public  seizing  and  surren 
dering  a  slave  or  a  servant  than  a  horse. 

"Mr.  BUTLER  withdrew  his  proposition,  in  order  that  some  particular 
provision  might  be  made,  apart  from  this  article." 

AUGUST  29,  1787. 

"Mr.  BUTLER  moved  to  insert  after  article  15:  'If  any  person  bound  to 
service  or  labor  in  any  of  the  United  States  shall  escape  into  another  state, 
he  or  she  shall  not  be  discharged  from  such  service  or  labor  in  consequence 
of  any  regulation  subsisting  in  the  state  to  which  they  escape,  but  shall  be 
delivered  up  to  the  person  justly  claiming  their  service  or  labor.'" 

"After  the  engrossment,  September  15,  page  550,  article  4,  section  2,  the 
third  paragraph,  the  term  'legally'  was  struck  out,  and  the  words,  'under 
the  laws  thereof  inserted  after  the  word  'state,' in  compliance  with  the 
wishes  of  some  who  thought  the  term  'legal'  equivocal,  and  favoring  the 
idea  that  slavery  was  legal  in  a  moral  view.  — Madison  Debates,  pp.  487,  492. 

I  deem  it  established,  then,  that  the  constitution  does  not  rec 
ognise  property  in  man,  bnt  leaves  that  question,  as  between 
the  states,  to  the  law  of  nature  and  of  nations.  That  law,  as 
expounded  by  Vattcl,  is  founded  on  the  reason  of  things.  When 
God  had  created  the  earth,  with  its  wonderful  adaptations,  he 
gave  dominion  over  it  to  man,  absolute  human  dominion.  The 
title  of  that  dominion,  thus  bestowed,  would  have  been  incom 
plete,  if  the  lord  of  all  terrestrial  tilings  could  himself  have  been 
the  property  of  his  fellow-man. 

The  right  to  have  a  slave  implies  the  right  in  some  one  to  make 
the  slave ;  that  right  must  be  equal  and  mutual,  and  this  would 
resolve  society  into  a  state  of  perpetual  war.  But  if  we  grant 
the  original  equality  of  the  states,  and  grant  also  the  constitu 
tional  recognition  of  slaves  as  property,  still  the  argument  we 
are  considering  fails.  Because  the  states  are  not  parties  to  the 
constitution  as  states ;  it  is  the  constitution  of  the  people  of  the 
United  States. 

But  even  if  the  states  continue  under  the  constitution  as  states, 
they  nevertheless  surrendered  their  equality  as  states,  and  sub 
mitted  themselves  to  the  sway  of  the  numerical  majority,  with 
qualifications  or  checks ;  first,  of  the  representation  of  three 
fifths  of  slaves  in  the  ratio  of  representation  and  taxation ;  and, 
secondly,  of  the  equal  representation  of  states  in  the  senate. 


FREEDOM.  253 

The  proposition  of  an  established  classification  of  states  as 
slave  states  and  free  states,  as  insisted  on  by  some,  and  into 
northern  and  southern,  as  maintained  by  others,  seems  to  me 
purely  imaginary,  and  of  course  the  supposed  equilibrium  of 
those  classes  a  mere  conceit.  This  must  be  so,  because,  when 
the  constitution  was  adopted,  twelve  of  the  thirteen  states  were 
slave  states,  and  so  there  was  no  equilibrium.  And  so  as  to  the 
classification  of  states  as  northern  states  and  southern  states.  It 
is  the  maintenance  of  slavery  by  law  in  a  state,  not  parallels  of 
latitude,  that  makes  it  a  southern  state  ;  and  the  absence  of  this, 
that  makes  it  a  northern  state.  And  so  all  the  states,  save  one, 
were  southern  states,  and  there  was  no  equilibrium.  But  the 
constitution  was  made  not  only  for  southern  and  northern  states, 
but  for  states  neither  northern  nor  southern,  namely,  the  west 
ern  states,  their  coming  in  being  foreseen  and  provided  for. 

It  needs  little  argument  to  show  that  the  idea  of  a  joint  stock 
association,  or  a  copartnership,  as  applicable  even  by  its  analo 
gies  to  the  United  States,  is  erroneous,  with  all  the  consequen 
ces  fancifully  deduced  from  it.  The  United  States  are  a  polit 
ical  state,  or  organized  society,  whose  end  is  government,  for  the 
security,  welfare,  and  happiness,  of  all  who  live  under  its  pro 
tection.  The  theory  I  am  combating  reduces  the  objects  of 
government  to  the  mere  spoils  of  conquest.  Contrary  to  a  the 
ory  so  debasing,  the  preamble  of  the  constitution  not  only 
asserts  the  sovereignty  to  be,  not  in  the  states,  but  in  the  peo 
ple,  but  also  promulgates  the  objects  of  the  constitution  :  — 

"We,  the  people  of  the  United  States,  in  order  to  form  fi  more  perfect 
union,  establish  justice,  insure  domestic  tranquillity,  provide  for  the  common 
defence,  promote  the  GENERAL  WELFARE,  and  secure  the  blessings  of  liberty, 
do  ordain  and  establish  this  constitution." 

Objects  sublime  and  benevolent !  They  exclude  the  very 
idea  of  conquests,  to  be  either  divided  among  states  or  even  en 
joyed  by  them,  for  the  purpose  of  securing,  not  the  blessings  of 
liberty,  but  the  evils  of  slavery.  —  Speech  in  U.  S.  Senate,  1850. 


254  SELECTIONS. 


of  t£e  National  33omam, 

IT  is  true,  indeed,  that  the  national  domain  is  ours.  It  is  true- 
it  was  acquired  by  the  valor  and  with  the  wealth  of  the  whole 
nation.  But  we  hold,  nevertheless,  no  arbitrary  power  over  it. 
We  hold  no  arbitrary  power  over  anything,  whether  acquired 
lawfully  or  seized  by  usurpation.  The  constitution  regulates 
our  stewardship  ;  the  constitution  devotes  the  domain  to  union, 
to  justice,  to  defence,  to  welfare,  and  to  liberty. 

But  there  is  a  higher  law  than  the  constitution,  which  regu 
lates  our  authority  over  the  domain,  and  devotes  it  to  the  same 
noble  purposes.  The  territory  is  a  part,  no  inconsiderable  part, 
of  the  common  heritage  of  mankind,  bestowed  upon  them  by 
the  Creator  of  the  universe.  We  are  his  stewards,  and  must  so 
discharge  our  trust  as  to  secure  in  the  highest  attainable  degree 
their  happiness.  How  momentous  that  trust  is,  we  may  learn 
from  the  instructions  of  the  founder  of  modern  philosophy:  — 

"Xo  man,"  says  Bacon,  "can  by  care-taking,  as  the  Scripture  saith,  odd 
a  cubit  to  his  stature  in  tin's  little  model  of  a  man's  body;  but,  in  the  great 
frame  of  kingdoms  and  commonwealths,  it  is  in  the  power  of  princes  or 
estates  to  add  amplitude  and  greatness  to  their  kingdom.  For,  by  intro 
ducing  such  ordinances,  constitutions,  and  customs,  as  are  wise,  they  may 
BOW  greatness  to  their  posterity  and  successors.  But  these  things  are  com 
monly  not  observed,  but  left  to  take  their  chance." 

This  is  a  state,  and  we  are  deliberating  for  it,  just  as  our 
fathers  deliberated  in  establishing  the  institutions  wo  enjoy. 
Whatever  superiority  there  is  in  our  condition  nnd  hopes  over 
those  of  any  other  "  kingdom"  or  "  estate,"  is  due  to  the  fortu 
nate  circumstance  that  our  ancestors  did  not  leave  things  to 
"  take  their  chance,"  but  that  they  "  added  amplitude  and  great 
ness"  to  our  commonwealth  "  by  introducing  such  ordinances, 
constitutions,  and  customs,  as  were  wise."  We  in  our  turn 
have  succeeded  to  the  same  responsibilities,  and  we  can  not 
approach  the  duty  before  us  wisely  or  justly,  except  we  raise 
ourselves  to  the  great  consideration  of  how  we  can  most  cer 
tainly  "  sow  greatness  to  our  posterity  and  successors." 

And  now  the  simple,  bold,  and  even  awful  question  which 
presents  itself  to  us  is  this :  Shall  we,  who  are  founding  insti 
tutions,  social  nnd  political,  for  countless  millions  —  shall  we, 


FREEDOM.  255 

who  know  by  experience  the  wise  and  the  just,  antl  are  free  to 
choose  them,  and  to  reject  the  erroneous  and  unjust  —  shall  we 
establish  human  bondage,  or  permit  it  by  our  sufferance  to  be 
established  ?  Sir,  our  forefathers  would  not  have  hesitated  an 
hour.  They  found  slavery  existing  here,  and  they  left  it  only 
because  they  could  not  remove  it.  There  is  not  only  no  free 
state  which  would  now  establish  it,  but  there  is  no  slave  state 
which,  if  it  had  had  the  free  alternative  as  we  now  have,  would 
have  founded  slavery.  Indeed,  our  revolutionary  predecessors 
had  precisely  the  same  question  before  them  in  establishing  an 
organic  law  under  which  the  states  of  Ohio,  Indiana,  Michigan, 
Illinois,  and  Wisconsin,  have  since  come  into  the  Union,  and 
they  solemnly  repudiated  and  excluded  slavery  from  those  states 
for  ever.  I  confess  that  the  most  alarming  evidence  of  our 
degeneracy  which  has  yet  been  given  is  found  in  the  fact  that 
we  even  debate  such  a  question.  —  Speech  in  U.  S.  Senate,  1850. 


ii  in  t!)c  !Xfcto  ^Territories. 

SIR,  there  is  no  Christian  nation,  thus  free  to  choose  as  we 
are,  which  would  establish  slavery.  I  speak  on  due  consid 
eration,  because  Britain,  France,  and  Mexico,  have  abolished 
slavery,  and  all  other  European  states  are  preparing  to  abolish 
it  as  speedily  as  they  can.  We  can  not  establish  slavery,  be 
cause  there  are  certain  elements  of  the  security,  welfare,  and 
greatness  of  nations,  which  we  all  admit,  or  ought  to  admit,  and 
recognise  as  essential  ;  and  these  are,  the  security  of  natural 
rights,  the  diffusion  of  knowledge,  and  the  freedom  of  industry. 
Slavery  is  incompatible  with  all  of  these  ;  and,  just  in  proportion 
to  the  extent  that  it  prevails  and  controls  in  any  republican 
state,  just  to  that  extent  it  subverts  the  principle  of  democracy. 
and  converts  the  state  into  an  aristocracy  or  a  despotism.  I 
will  not  offend  sensibilities  by  drawing  my  proofs  from  the  slave 
states  existing  among  ourselves  ;  but  I  will  draw  them  from  the 
greatest  of  the  European  slave  states.  The  population  of  Rus 
sia  in  Europe,  in  1844,  was  fifty-four  millions,  two  hundred  and 
fifty-one  thousand.  Of  these,  fifty-three  millions  and  five  hun 
dred  thousand  were  serfs,  and  the  remaining  seven  hundred  and 
fifty-one  thousand,  nobles,  clergy,  merchants,  etc. 


256  SELECTIONS. 

The  imperial  government  abandons  the  control  over  the  fifty- 
three  and  a  half  millions  to  their  owners ;  and  these  owners, 
included  in  the  seven  hundred  and  fifty-one  thousand,  are  thus 
a  privileged  class,  or  aristocracy.  If  ever  the  government  inter 
feres  at  all  with  the  serfs,  who  are  the  only  laboring  population, 
it  is  by  edicts  designed  to  abridge  their  opportunities  of  educa 
tion,  and  thus  continue  their  debasement.  What  was  the  origin 
of  this  system  ?  Conquest,  in  which  the  captivity  of  the  con 
quered  was  made  perpetual  and  hereditary.  This,  it  seems  to 
me,  is  identical  with  American  slavery,  only  at  one  and  the 
same  time  exnggerated  by  the  greater  disproportion  between  the 
privileged  classes  and  the  slaves  in  their  respective  numbers, 
and  yet  relieved  of  the  unhappicst  feature  of  American  slavery, 
the  distinction  of  castes.  What  but  this  renders  Russia  at  once 
the  most  arbitrary  despotism  and  the  most  barbarous  state  in 
Europe  ?  And  what  is  its  effect,  but  industry  comparatively 
profitless,  and  sedition,  not  occasional  and  partial,  but  chronic 
and  pervading  the  empire.  I  speak  of  slavery  not  in  the  lan 
guage  of  fancy,  but  in  the  language  of  philosophy.  Montes 
quieu  remarked  upon  the  proposition  to  introduce  slavery  into 
France,  that  the  demand  for  slavery  was  the  demand  of  luxury 
and  corruption,  and  not  the  demand  of  patriotism.  Of  all  slavery, 
African  slavery  is  the  worst,  for  it  combines  practically  the  fea 
tures  of  what  is  distinguished  as  real  slavery,  or  serfdom,  with 
the  personal  slavery  known  in  the  oriental  world.  Its  domestic 
features  lead  to  vice,  while  its  political  features  render  it  inju 
rious  and  dangerous  to  the  state. 

I  can  not  stop  to  debate  long  with  those  who  maintain  that, 
slavery  is  itself  practically  economical  and  humane.  I  might 
be  content  with  saying  that  there  are  some  axioms  in  political 
science  that  a  statesman  or  a  founder  of  states  mny  adopt, 
especially  in  the  Congress  of  the  United  States,  and  that  among 
those  axioms  are  these:  That  all  men  are  created  equal,  and 
have  inalienable  rights  of  life,  liberty,  and  the  choice  of  pur 
suits  of  happiness ;  that  knowledge  promotes  virtue,  and  right 
eousness  exalteth  a  nation  ;  that  freedom  is  preferable  to  slavery, 
and  that  democratic  governments,  where  they  can  be  maintained 
by  acquiescence,  without  force,  are  preferable  to  institutions 
exercising  arbitrary  and  irresponsible  power. 


FREEDOM.  257 

It  remains  only  to  remark  that  our  own  experience  lias  proved 
the  dangerous  influence  and  tendency  of  slavery.  All  our  ap 
prehensions  of  dangers,  present  and  future,  begin  and  end  with 
slavery.  If  slavery,  limited  as  it  yet  is,  now  threatens  to  sub 
vert  the  constitution,  how  can  we,  as  wise  and  prudent  states 
men,  enlarge  its  boundaries  and  increase  its  influence,  and  thus 
increase  already-impending  dangers  ]  Whether,  then,  I  regard 
merely  the  welfare  of  the  future  inhabitants  of  the  new  territo 
ries,  or  the  security  and  welfare  of  the  whole  people  of  the 
United  States,  or  the  welfare  of  the  whole  family  of  mankind, 
I  can  not  consent  to  introduce  slavery  into  any  part  of  this  con 
tinent  which  is  now  exempt  from  what  seems  to  me  so  great  an 
evil.  —  Speech  in  U.  S.  Senate,  1850. 

SJjpjjrdjcnstons  of  Bisunion  (Srounfclcss. 

AND  this  brings  me  to  the  great  and  all-absorbing  argument 
that  the  Union  is  in  danger  of  being  dissolved,  and  that  it  can 
only  be  saved  by  compromise.  I  do  not  know  what  I  would 
not  do  to  save  the  Union ;  and  therefore  I  shall  bestow  upon 
this  subject  a  very  deliberate  consideration. 

I  do  not  overlook  the  fact  that  the  entire  delegation  from  the 
slave  states,  although  they  differ  in  regard  to  the  details  of  the 
compromise  proposed,  and  perhaps  in  regard  to  the  exact  cir- 
'cumstances  of  the  crisis,  seem  to  concur  in  this  momentous  warr 
ing.  Nor  do  I  doubt  at  all  the  patriotic  devotion  to  the  Union 
which  is  expressed  by  those  from  whom  this  warning  proceeds. 
And  yet,  sir,  although  such  warnings  have  been  uttered  with 
impassioned  solemnity  in  my  hearing  every  day  for  near  three 
months,  my  confidence  in  the  Union  remains  unshaken.  I  think 
they  are  to  be  received  with  no  inconsiderable  distrust,  because 
they  are  uttered  under  the  influence  of  a  controlling  interest  to 
be  secured,  a  paramount  object  to  be  gained ;  and  that  is  an 
equilibrium  of  power  in  the  republic.  I  think  they  are  to  be 
received  with  even  more  distrust,  because,  with  the  most  pro 
found  respect,  they  are  uttered  under  an  obviously  high  excite 
ment.  Nor  is  that  excitement  an  unnatural  one.  It  is  a  law  of 
our  nature  that  the  passions  disturb  the  reason  and  judgment 
just  in  proportion  to  the  importance  of  the  occasion,  and  the 


258  SELECTIONS. 

consequent  necessity  for  calmness  and  candor.  I  think  they 
are  to  be  distrusted,  because  there  is  a  diversity  of  opinion  in 
regard  to  the  nature  and  operation  of  this  excitement.  The 
senators  from  some  states  say  that  it  has  brought  all  parties  in 
their  own  region  into  unanimity.  The  honorable  senator  from 
Kentucky  [Mr.  CLAY]  says  that  the  danger  lies  in  the  violence 
of  party  spirit,  and  refers  us  for  proof  to  the  difficulties  which 
attended  the  organization  of  the  house  of  representatives. 

Sir,  in  my  humble  judgment,  it  is  not  the  fierce  conflict  of 
parties  that  we  are  seeing  and  hearing ;  but,  on  the  contrary*  it 
is  the  agony  of  distracted  parties — a  convulsion  resulting  from 
the  too  narrow  foundations  of  both  the  great  parties,  and  of  all 
parties — foundations  laid  in  compromises  of  natural  justice  and 
of  human  liberty.  A  question,  a  moral  question,  transcending 
the  too  narrow  creeds  of  parties,  has  arisen ;  the  public  con 
science  expands  with  it,  and  the  green  withes  of  party  associa 
tions  give  way  and  break,  and  fall  off  from  it.  No,  sir ;  it  is  not 
the  state  that  is  dying  of  the  fever  of  party  spirit.  It  is  merely 
a  paralysis  of  parties,  premonitory  however  of  their  restoration, 
with  new  elements  of  health  and  vigor  to  be  imbibed  from  that 
spirit  of  the  age  which  is  so  justly  called  Progress. 

Nor  is  the  evil  that  of  unlicensed,  irregular,  and  turbulent  fac 
tion.  We  are  told  that  twenty  legislatures  are  in  session,  burn 
ing  like  furnaces,  heating  and  inflaming  the  popular  passions. 
But  these  twenty  legislatures  are  constitutional  furnaces.  They 
are  performing  their  customary  functions,  imparting  healthful 
heat  and  vitality  while  within  their  constitutional  jurisdiction. 
If  they  rage  beyond  its  limits,  the  popular  passions  of  this  coun- 
tiy  are  not  at  all,  I  think,  in  danger  of  being  inflamed  to  excess. 
No,  sir ;  let  none  of  these  fires  be  extinguished.  For  ever  let 
them  burn  and  blaze.  They  are  neither  ominous  meteors  nor 
baleful  comets,  but  planets  ;  and  bright  and  intense  as  their  heat 
may  be,  it  is  their  native  temperature,  and  they  must  still  obey 
the  law  which,  by  attraction  toward  this  solar  centre,  holds  them 
in  their  spheres. 

I  see  nothing  of  that  conflict  between  the  southern  and  north 
ern  states,  or  between  their  representative  bodies,  which  seems 
to  be  on  all  sides  of  me  assumed.  Not  a  word  of  menace,  not  a 
word  of  anjrer,  not  an  intemperate  word,  has  been  uttered  in 


FREEDOM.  259 

the  northern  legislatures.  They  firmly  but  calmly  assert  their 
convictions ;  but  at  the  same  time  they  assert  their  unqualified 
consent  to  submit  to  the  common  arbiter,  and  for  weal  or  wo 
abide  the  fortunes  of  the  Union. 

What  if  there  be  less  of  moderation  in  the  legislatures  of  the 
south  ?  It  only  indicates  on  which  side  the  balance  is  inclining, 
and  that  the  decision  of  the  momentous  question  is  near  at  hand. 
I  agree  with  those  who  say  that  there  can  be  no  peaceful  disso 
lution —  no  dissolution  of  the  Union  by  the  secession  of  states; 
but  that  disunion,  dissolution,  happen  when  it  may,  will  and 
must  be  revolution.  I  discover  no  omens  of  revolution.  The 
predictions  of  the  political  astrologers  do  not  agree  as  to  the 
time  or  manner  in  which  it  is  to  occur.  According  to  the  author 
ity  of  the  honorable  senator  from  Alabama  [Mr.  CLEMENS],  the 
event  has  already  happened,  and  the  Union  is  now  in  ruins. 
According  to  the  honorable  and  distinguished  senator  from  South 
Carolina  [Mr.  CALHOUN],  it  is  not  to  be  immediate,  but  to  be  de 
veloped  by  time. 

What  are  the  omens  to  which  our  attention  is  directed  1  I 
see  nothing  but  a  broad  difference  of  opinion  here,  and  the  ex 
citement  consequent  upon  it. 

I  have  observed  that  revolutions  which  begin  in  the  palace 
seldom  go  beyond  the  palace-walls,  and  they  affect  only  the 
dynasty  which  reigns  there.  This  revolution,  if  I  understand 
it,  began  in  this  senate-chamber  a  year  ago,  when  the  represen 
tatives  from  the  southern  states  assembled  here  and  addressed 
their  constituents  on  what  were  called  the  aggressions  of  the 
northern  states.  No  revolution  was  designed  at  that  time,  and 
all  that  has  happened  since  is  the  return  to  Congress  of  legisla 
tive  resolutions,  which  seem  to  me  to  be  only  conventional  re 
sponses  to  the  address  which  emanated  from  the  capitol. 

Sir,  in  any  condition  of  society  there  can  be  no  revolution 
without  a  cause,  an  adequate  cause.  What  cause  exists  here  ? 
We  are  admitting  a  new  state  ;  but  there  is  nothing  new  in  that ; 
we  have  already  admitted  seventeen  before.  But  it  is  said  that 
the  slave  states  are  in  danger  of  losing  political  power  by  the 
admission  of  the  new  state.  Well,  sir,  is  there  anything  new  in 
that  ?  The  slave  states  have  alwavs  been  losing  political  power, 
and  they  always  will  be  while  they  have  any  to  lose.  At  first, 


260  SELECTIONS. 

twelve  of  the  thirteen  states  were  slave  states ;  now  only  fifteen 
out  of  the  thirty  are  slave  states.  Moreover,  the  change  is  con 
stitutionally  made,  and  the  government  was  constructed  so  as  to 
permit  changes  of  the  balance  of  power,  in  obedience  to  changes 
of  the  forces  of  the  body  politic.  Danton  used  to  say,  "  It's  all 
well  while  the  people  cry  Danton  and  Robespierre ;  but  AVO  for 
me  if  ever  the  people  learn  to  say,  Robespierre  and  Danton  !" 
That  is  all  of  it,  sir.  The  people  have  been  accustomed  to  say, 
"  the  South  and  the  North ;"  they  are  only  beginning  now  to 
say,  "  the  North  and  the  South." 

Sir,  those  who  would  alarm  us  with  the  terrors  of  revolution 
have  not  well  considered  the  structure  of  this  government,  and 
the  organization  of  its  forces.  It  is  a  democracy  of  property  and 
persons,  with  a  fair  approximation  toward  universal  education, 
and  operating  by  means  of  universal  suffrage.  The  constituent 
members  of  this  democracy  are  the  only  persons  who  could  sub 
vert  it ;  and  they  are  not  the  citizens  of  a  metropolis  like  Paris, 
or  of  a  region  subjected  to  the  influences  of  a  metropolis,  like 
France ;  but  they  are  husbandmen,  dispersed  over  this  broad 
land,  on  the  mountain  and  on  the  plain,  and  on  the  prairie,  from 
the  ocean  to  the  Rocky  mountains,  and  from  the  great  lakes  to 
the  gulf;  and  this  people  are  now,  while  we  are  discussing  their 
imaginary  danger,  at  peace  and  in  their  happy,  homes,  as  nn- 
cdncerned  and  uninformed  of  their  peril  as  they  are  of  events 
occurring  in  the  moon.  Nor  have  the  alarmists  made  due  allow 
ance  in  their  calculations  for  the  influence  of  conservative  reac 
tion,  strong  in  any  government,  and  irresistible  in  a  rural  repub 
lic,  operating  by  universal  suffrage.  That  principle  of  reaction 
is  due  to  the  force  of  the  habits  of  acquiescence  and  loyalty 
among  the  people.  No  man  better  understood  this  principle  than 
MACHIAVELLI,  who  has  told  us,  in  regard  to  factions,  that  "  no 
safe  reliance  can  be  placed  in  the  force  of  nature  and  the  bravery 
of  words,  except  it  be  corroborated  by  custom."  Do  the  alarm 
ists  remember  that  this  government  has  stood  sixty  years  already 
without  exacting  one  drop  of  blood? — that  this  government  has 
stood  sixty  years,  and  yet  treason  is  an  obsolete  crime  ?  That 
day,  I  trust,  is  far  off  when  the  fountains  of  popular  contentment 
shall  be  broken  up ;  but,  whenever  it  shall  come,  it  will  bring 
forth  a  higher  illustration  than  has  ever  yet  been  given  of  the 


FREEDOM.  261 

excellence  of  the  democratic  system ;  for  then  it  will  be  seen 
how  calmly,  how  firmly,  how  nobly,  a  great  people  can  act  in 
preserving  their  constitution,  whom  "  love  of  country  moveth, 
example  teacheth,  company  comforteth,  emulation  quickeneth, 
and  glory  exalteth." 

When  the  founders  of  the  new  republic  of  the  south  come  to 
draw  over  the  face  of  this  empire,  along  or  between  its  parallels 
of  latitude  or  longitude,  their  ominous  lines  of  dismemberment, 
soon  to  be  broadly  and  deeply  shaded  with  fraternal  blood,  they 
may  come  to  the  discovery  then,  if  not  before,  that  the  natural 
and  even  the  political  connections  of  the  region  embraced  forbid 
such  a  partition ;  that  its  possible  divisions  are  not  northern  and 
southern  at  all,  but  eastern  and  western,  Atlantic  and  Pacific ; 
and  that  nature  and  commerce  have  allied  indissolubly  for  weal 
and  wo  the  seceders  and  those  from  whom  they  are  to  be  sepa 
rated  ;  that  while  they  would  rush  into  a  civil  war  to  restore  an 
imaginary  equilibrium  between  the  northern  states  and  the  south 
ern  states,  a  new  equilibrium  has  taken  its  place,  in  which  all 
those  states  are  on  the  one  side,  and  the  boundless  west  is  on 
the  other. 

Sir,  when  the  founders  of  the  republic  of  the  south  come  to 
draw  those  fearful  lines,  they  will  indicate  what  portions  of  the 
continent  are  to  be  broken  off  from  their  connection  with  the 
Atlantic,  through  the  St.  Lawrence,  the  Hudson,  the  Delaware, 
the  Potomac,  and  the  Mississippi ;  what  portion  of  this  people 
are  to  be  denied  the  use  of  the  lakes,  the  railroads,  and  the 
canals,  now  constituting  common  and  customary  avenues  of  travel, 
trade,  and  social  intercourse  ;  what  families  and  kindred  are  to 
be  separated,  and  converted  into  enemies ;  and  what  states  are 
to  be  the  scenes  of  perpetual  border  warfare,  aggravated  by  in 
terminable  horrors  of  servile  insurrection  ]  When  those  porten 
tous  lines  shall  be  drawn,  they  will  disclose  what  portion  of  this 
people  is  to  retain  the  army  and  the  navy,  and  the  flag  of.  so 
many  victories ;  and,  on  the  other  hand,  what  portion  of  the 
people  is  to  be  subjected  to  new  and  onerous  imposts,  direct 
taxes,  and  forced  loans,  and  conscriptions,  to  maintain  an  oppo 
sing  army,  an  opposing  navy,  and  the  new  and  hateful  banner 
of  sedition.  Then  the  projectors  of  the  new  republic  of  the  south 
will  meet  the  question  —  and  they  may  well  prepare  now  to  an- 


262  SELECTIONS. 

swer  it — What  is  all  tins  for?  What  intolerable  wrong,  what 
unfraternal  injustice,  have  rendered  these  calamities  unavoida 
ble  ?  What  gain  will  this  unnatural  revolution  bring  to  us  ? 
The  answer  will  be :  All  this  is  done  to  secure  the  institution  of 
African  slavery. 

And  then,  if  not  before,  the  question  will  be  discussed,  What 
5s  this  institution  of  slavery,  that  it  should  cause  these  unparal 
leled  sacrifices  and  these  disastrous  afflictions  ?  And  this  will 
be  the  answer  :  When  the  Spaniards,  few  in  number,  discovered 
the  western  Indies  and  adjacent  continental  America,  they  need 
ed  labor  to  draw  forth  from  its  virgin  stores  some  speedy  return 
to  the  cupidity  of  the  court  and  the  bankers  of  Madrid.  They 
enslaved  the  indolent,  inoffensive,  and  confiding  natives,  who 
perished  by  thousands,  and  even  by  millions,  under  that  new 
and  unnatural  bondage.  A  humane  ecclesiastic  advised  the  sub 
stitution  of  Africans  reduced  to  captivity  in  their  native  wars, 
and  a  pious  princess  adopted  the  suggestion,  with  a  dispensation 
from  the  head  of  the  church,  granted  on  the  ground  of  the  pre 
scriptive  right  of  the  Christian  to  enslave  the  heathen,  to  effect 
his  conversion.  The  colonists  of  North  America,  innocent  in 
their  unconsciousness  of  wrong,  encouraged  the  slave  traffic,  and 
thus  the  labor  of  subduing  their  territory  devolved  chiefly  upon 
the  African  race.  A  happy  conjuncture  brought  on  an  awaken 
ing  of  the  conscience  of  mankind  to  the  injustice  of  slavery, 
simultaneously  with  the  independence  of  tho  colonies.  Massa 
chusetts,  Connecticut,  Rhode  Island,  New  Hampshire,  Vermont, 
New  York,  New  Jersey,  and  Pennsylvania,  welcomed  and  em 
braced  the  spirit  of  universal  emancipation.  Renouncing  lux 
ury,  they  secured  influence  and  empire.  But  the  states  of  the 
south,  misled  by  a  new  and  profitable  culture,  elected  to  main 
tain  and  perpetuate  slavery ;  and  thus,  choosing  luxury,  they 
lost  power  and  empire. 

When  this  answer  shall  be  given,  it  will  appear  that  the  ques 
tion  of  dissolving  the  Union  is  a  complex  question ;  that  it  em 
braces  the  fearful  issue  whether  the  Union  shall  stand,  and  sla 
very,  under  the  steady,  peaceful  action  of  moral,  social,  and 
political  causes,  be  removed  by  gradual,  voluntary  effort,  and 
with  compensation,  or  whether  the  Union  shall  be  dissolved,  and 
civil  wars  ensue,  bringing  on  violent  but  complete  and  immediate 


FREEDOM.  263 

emancipation.  We  are  now  arrived  at  that  stage  of  our  national 
progress  when  that  crisis  can  be  foreseen,  when  we  must  foresee 
it.  It  is  directly  before  us.  Its  shadow  is  upon  us.  It  darkens 
the  legislative  halls,  the  temples  of  worship,  and  the  home  and 
the  hearth.  Every  question,  political,  civil,  or  ecclesiastical, 
hoAvever  foreign  to  the  subject  of  slavery,  brings  up  slavery  as 
an  incident,  and  the  incident  supplants  the  principal  question. 
We  hear  of  nothing  but  slavery,  and  we  can  talk  of  nothing  but 
slavery.  And  now,  it  seems  to  me  that  all  our  difficulties,  em 
barrassments,  and  dangers,  arise,  not  out  of  unlawful  perversions 
of  the  question  of  slavery,  as  some  suppose,  but  from  the  want 
of  moral  courage  to  meet  this  question  of  emancipation  as  we 
ought.  Consequently,  we  hear  on  one  side  demands  —  absurd, 
indeed,  but  yet  unceasing — for  an  immediate  and  unconditional 
abolition  of  slavery  —  as  if  any  power,  except  the  people  of  the 
slave  states,  could  abolish  it,  and  as  if  they  could  be  moved  to 
abolish  it  by  merely  sounding  the  trumpet  loudly  and  proclaim 
ing  emancipation,  while  the  institution  is  interwoven  with  all 
their  social  and  political  interests,  constitutions,  and  customs. 

On  the  other  hand,  our  statesmen  say  that  "  slavery  has 
always  existed,  and,  for  aught  they  know  or  can  do,  it  always 
must  exist.  God  permitted  it,  and  he  alone  can  indicate  the 
way  to  remove  it."  As  if  the  Supreme  Creator,  after  giving  iis 
the  instructions  of  his  providence  and  revelation  for  the  illumi 
nation  of  our  minds  and  consciences,  did  not  leave  us  in  all  hu 
man  transactions,  with  due  invocations  of  his  holy  spirit,  to  seek 
out  his  will  and  execute  it  for  ourselves. 

Here,  then,  is  the  point  of  my  separation  from  both  of  these 
parties.  I  feel  assured  that  slavery  must  give  way,  and  will 
give  way,  to  the  salutary  instructions  of  economy,  and  to  the 
ripening  influences  of  humanity  ;  that  emancipation  is  inevitable, 
and  is  near ;  that  it  may  be  hastened  or  hindered ;  and  that 
whether  it  shall  be  peaceful  or  violent,  depends  upon  the  ques 
tion  whether  it  be  hastened  or  hindered  ;  that  all  measures  which 
fortify  slavery  or  extend  it,  tend  to  the  consummation  of  vio 
lence  ;  all  that  check  its  extension  and  abate  its  strength,  tend 
to  its  peaceful  extirpation.  But  I  will  adopt  none  but  lawful, 
constitutional,  and  peaceful  means,  to  secure  even  that  end  ;  and 
none  such  can  I  or  will  I  forego.  Nor  do  I  know  any  impor- 


264  SELECTIONS. 

tant  or  responsible  political  body  that  proposes  to  do  more  than 
this.  No  free  state  claims  to  extend  its  legislation  into  a  slave 
state.  None  claims  that  Congress  shall  usurp  power  to  abolish 
slavery  in  the  slave  states.  None  claims  that  any  violent,  un 
constitutional,  or  unlawful  measure  shall  be  embraced.  And,  on 
the  other  hand,  if  we  offer  no  scheme  or  plan  for  the  adoption 
of  the  slave  states,  with  the  assent  and  co-operation  of  Congress, 
it  is  only  because  the  slave  states  are  unwilling  as  yet1  to  receive 
such  suggestions,  or  even  to  entertain  the  question  of  emancipa 
tion  in  any  form. 

But,  sir,  I  will  take  this  occasion  to  say  that,  while  I  can -not 
agree  with  the  honorable  senator  from  Massachusetts  in  propo 
sing  to  devote  eighty  millions  of  dollars  to  remove  the  free  col 
ored  population  from  the  slave  states,  and  thus,  as  it  appears  to 
me,  fortify  slavery,  there  is  no  reasonable  limit  to  which  I  am 
not  willing  to  go  in  applying  the  national  treasures  to  effect  the 
peaceful,  voluntary  removal  of  slavery  itself. 

I  have  thus  endeavored  to  show  that  there  is  not  now,  and 
there  is  not  likely  to  occur,  any  adequate  cause  for  revolution  in 
regard  to  slavery.  But  you  reply  that,  nevertheless,  you  must 
have  guaranties ;  and  the  first  one  is  for  the  surrender  of  fugitives 
from  labor.  That  guaranty  you  can  not  have,  as  I  have  already 
shown,  because  you  can  not  roll  back  the  tide  of  social  progress. 
You  must  be  content  with  what  you  have.  If  you  wage  war 
against  us,  you  can,  at  most,  only  conquer  us,  and  then  all  you 

can  get  will  be  a  treaty,  and  that  you  have  already. 

######## 

I  do  not  say  that  there  may  not  be  disturbance,  though  I  do 
not  apprehend  even  that.  Absolute  regularity  and  order  in  ad 
ministration  have  not  yet  been  established  in  any  government, 
and  unbroken  popular  tranquillity  has  not  yet  been  attained  in 
even  the  most  advanced  condition  of  human  society.  The  ma 
chinery  of  our  system  is  necessarily  complex.  A  pivot  may  drop 
out  here,  a  lever  may  be  displaced  there,  a  wheel  may  fall  out 
of  gearing  elsewhere,  but  the  machinery  will  soon  recover  its 
regularity,  and  move  on  just  as  before,  with  even  better  adapta 
tion  and  adjustment  to  overcome  new  obstructions. 

There  are  many  well-disposed  persons  who  are  alarmed  at  the 
occurrence  of  any  such  disturbance.  The  failure  of  a  legislative 


FREEDOM.  265 

body  to.  organize  is  to  their  apprehension  a  fearful  omen,  and  an 
extra-constitutional  assemblage  to  consult  npon  public  affairs  is 
with  them  cause  for  desperation.  Even  senators  speak  of  the 
Union  as  if  it  existed  only  by  consent,  and,  as  it  seems  to  be 
implied,  by  the  assent  of  the  legislatures  of  the  states.  On  the 
contrary,  the  Union  was  not  founded  in  voluntary  choice,  nor 
does  it  exist  by  voluntary  consent. 

A  union  was  proposed  to  the  colonies  by  Franklin  and  others, 
in  1754 ;  but  such  was  their  aversion  to  an  abridgment  of  their 
own  importance,  respectively,  that  it  was  rejected  even  under 
the  pressure  of  a  disastrous  invasion  .by  France. 

A  union  of  choice  was  proposed  to  the  colonies  in  1775 ;  but 
so  strong  was  their  opposition,  that  they  went  through  the  war 
of  independence  without  having  established  more  than  a  mere 
council  of  consultation. 

But  with  independence  came  enlarged  interests  of  agriculture 
—  absolutely  new  interests  of  manufactures — interests  of  com 
merce,  of  fisheries,  of  navigation,  of  a  common  domain,  of  com 
mon  debts,  of  common  revenues  and  taxation,  of  the  admin 
istration  of  justice,  of  public  defence,  of  public  honor;  in 
short,  interests  of  common  nationality  and  sovereignty — inter 
ests  which  at  last  compelled  the  adoption  of  a  more  perfect 
union — a  national  government. 

The  genius,  talents,  and  learning  of  Hamilton,  of  Jay,  and  of 
Madison,  surpassing  perhaps  the  intellectual  power  ever  exerted 
before  for  the  establishment  of  a  government,  combined  with  the 
serene  but  mighty  influence  of  "Washington,  were  only  sufficient 
to  secure  the  reluctant  adoption  of  the  constitution  that  is  now 
the  object  of  all  our  affections  and  of  the  hopes  of  mankind.  No 
wonder  that  the  conflicts  in  which  that  constitution  was  born,  and 
the  almost  desponding  solemnity  of  Washington,  in  his  farewell 
address,  impressed  his  countrymen  and  mankind  with  a  profound 
distrust  of  its  perpetuity  !  No  wonder  that  while  the  murmurs 
of  that  day  are  yet  ringing  in  our  ears,  we  cherish  that  distrust, 
with  pious  reverence,  as  a  national  and  patriotic  sentiment ! 

But  it  is  time  to  prevent  the  abuses  of  that  sentiment.  It  is 
time  to  shake  off  that  fear,  for  fear  is  always  weakness.  It  is 
time  to  remember  that  government,  even  when  it  arises  by 
chance  or  accident,  and  is  administered  capriciously  and  oppres- 

12 


266  SELECTIONS. 

sively,  is  ever  the  strongest  of  all  human  institutions,  surviving 
many  social  and  ecclesiastical  changes  and  convulsions :  and 
that  this  constitution  of  ours  has  all  the  inherent  strength  com 
mon  to  governments  in  general,  and  added  to  them  has  also  the 
solidity  and  firmness  derived  from  broader  and  deeper  founda 
tions  in  national  justice,  and  a  better  civil  adaptation  to  promote 
the  welfare  and  happiness  of  mankind. 

The  Union,  the  creature  of  necessities — physical,  moral,  so 
cial,  and  political  —  endures  by  virtue  of  the  same  necessities; 
and  these  necessities  are  stronger  than  when  it  was  produced  — 
stronger  by  the  greater  amplitude  of  territory  now  covered  by 
it — stronger  by  the  sixfold  increase  of  the  society  living  under  its 
beneficent  protection — stronger  by  the  augmentation  ten  thou 
sand  times  of  the  fields,  the  workshops,  the  mines,  and  the  ships, 
of  that  society  ;  of  its  productions  of  the  sea,  of  the  plow,  of  the 
loom,  and  of  the  anvil,  in  their  constant  circle  of  internal  and 
international  exchange  —  stronger  in  the  long  rivers  penetrating 
regions  before  unknown  —  stronger  in  all  the  artificial  roads, 
canals,  and  other  channels  and  avenues  essential  not  only  to 
trade  but  to  defence  —  stronger  in  steam  navigation,  in  steam 
locomotion  on  the  land,  and  in  telegraph  communications,  un 
known  when  the  constitution  was  adopted  —  stronger  in  the 
freedom  and  in  the  growing  empire  of  the  seas  —  stronger  in  the 
element  of  national  honor  in  all  lands,  and  stronger  than  all  in 
the  now  settled  habits  of  veneration  and  affection  for  institutions 
so  stupendous  and  so  useful. 

The  Union,  then,  is,  not  because  merely  that  men  choose  that 
it  shall  be,  but  because  some  government  must  exist  here,  and 
no  other  government  than  this  can.  If  it  could  be  dashed  to 
atoms  by  the  whirlwind,  the  lightning,  or  the  earthquake,  to 
day,  it  would  rise  again  in  all  its  just  and  magnificent  propor 
tions  to-morrow.  This  nation  is  a  globe,  still  accumulating  upon 
accumulation  —  not  a  dissolving  sphere. 

I  have  heard  somewhat  here,  and  almost  for  the  first  time  in 
my  life,  of  divided  allegiance  —  of  allegiance  to  the  South  and 
to  the  Union  —  of  allegiance  to  states  severally  and  to  the 
Union.  Sir,  if  sympathies  with  state  emulation  and  pride  of 
achievement  could  be  allowed  to  raise  up  another  sovereign  to 
divide  the  allegiance  of  a  citizen  of  the  United  States,  I  might 


FREEDOM.  267 

recognise  the  claims  of  the  state  to  which,  by  birth  and  gratitude, 
I  belong  —  to  the  state  of  Hamilton  and  Jay,  of  Schuyler,  of 
the  Clintons,  and  of  Fulton  —  the  state  which,  with  less  than 
two  hundred  miles  of  natural  navigation  connected  with  the 
ocean,  has,  by  her  own  enterprise,  secured  to  herself  the  com 
merce  of  the  continent,  and  is  steadily  advancing  to  the  com 
mand  of  the  commerce  of  the  world.  But  for  all  this,  I  know 
only  one  country  and  one  sovereign — the  United  States  of 
America  and  the  American  people.  And  such  as  my  allegiance 
is,  is  the  loyalty  of  every  other*  citizen  of  the  United  States. 
As  I  speak,  he  will  speak  when  his  time  arrives.  He  knoAvs  no 
other  country  and  no  other  sovereign.  He  has  life,  liberty, 
property,  and  precious  affections,  and  hopes  for  himself  and  for 
his  posterity,  treasured  up  in  the  ark  of  the  Union.  He  knows 
as  well  and  feels  as  strongly  as  I  do,  that  this  government  is  his 
own  government ;  that  he  is  a  part  of  it ;  that  it  was  established 
for  him,  and  that  it  is  maintained  by  him ;  that  it  is  the  only 
truly  wise,  just,  free,  and  equal  government,  that  has  ever 
existed  ;  that  no  other  government'  could  be  so  wise,  just,  free, 
and  equal ;  and  that  it  is  safer  and  more  beneficent  than  any 
which  time  or  change  could  bring  into  its  place. 

You  may  tell  me,  sir,  that  although  all  this  may  be  true,  still 
the  trial  of  faction  has  not  yet  been  made.  Sir,  if  the  trial  of  fac 
tion  has  not  been  made,  it  has  not  been  because  faction  has  not 
always  existed,  and  has  not  always  menaced  a  trial,  but  because 
faction  could  find  no  fulcrum  on  which  to  place  the  lever  to  sub 
vert  the  Union,  as  it  can  find  no  fulcrum  now ;  and  in  this  is  my 
confidence.  I* would  not  rashly  provoke  the  trial :  but  I  will 
not  suffer  a  fear,  which  I  have  not,  to  make  me  compromise  one 
sentiment,  one  principle  of  truth  or  justice,  to  avert  a  danger 
that  all  experience  teaches  me  is  purely  chimerical.  Let,  then, 
those  who  distrust  the  Union  make  compromises  to  save  it.  I 
shall  not  impeach  their  wisdom,  as  I  certainly  can  not  their 
patriotism  ;  but,  indulging  no  such  apprehensions  myself,  I  shall 
vote  for  the  admission  of  California  directly,  without  conditions, 
without  qualifications,  and  without  compromise. 

For  the  vindication  of  that  vote,  I  look  not  to  the  verdict  of 
the  passing  hour,  disturbed  as  the  public  mind  now  is  by  con 
flicting  interests  and  passions,  but  to  that  period,  happily  not 


268  SELECTIONS. 

far  distant,  when  the  vast  regions  over  which  we  are  now  legis 
lating  shall  have  received  their  destined  inhabitants. 

While  looking  forward  to  that  day,  its  countless  generations 
seem  to  me  to  be  rising  up  and  passing  in  dim  and  shadowy 
review  before  us  ;  and  a  voice  comes  forth  from  their  serried 
ranks,  saying  :  "  Waste  your  treasures  and  your  armies,  if  you 
will  ;  raze  your  fortifications  to  the  ground  ;  sink  your  navies  into 
the  sea  ;  transmit  to  us  even  a  dishonored  name,  if  you  must  ; 
but  the  soil  you  hold  in  trust  for  us  —  give  it  to  us  free.  You 
found  it  free  and  conquered  it  fo  extend  a  better  and  surer  free 
dom  over  it.  Whatever  choice  you  have  made  for  yourselves, 
let  us  have  no  partial  freedom  ;  let  us  all  be  free  ;  let  the  rever 
sion  of  your  broad  domain  descend  to  us  unencumbered,  and  free 
from  the  calamities  and  from  the  sorrows  of  human  bondage."  — 
Speech  in  U.  S.  Senate,  1850. 


PROPERTY  and  possession,  in  common  speech,  are  predicated 
as  incidents  belonging  to  the  relation  of  master  and  slave  ;  but 
the  terms  are  inaccurate,  without  foundation  in  law,  and  essen 
tially  false  .....  The  institution  of  slavery  accustoms  us  to 
confound  the  broadest  distinctions  in  nature,  not  less  than  to 
subvert  the  plainest  principles  of  justice.  The  right  of  indi 
vidual  property  is  derived  from  the  consent  of  the  Creator. 
When  he  had  finished  a  world,  and  filled  it  with  bounties,  he 
gave  to  the  last  being  created  to  inhabit,  and  the  only  one 
capable  of  governing  it,  DOMINION,  or  the  right  of  property,  and 
that  dominion  was  universal  ;  and  yet  man  was  excepted  from 
it.  The  right  of  dominion  by  man  over  inert  matter  and  irra 
tional  beings  could  not  be  complete,  if  one  man  could  be  made 
the  property  of  another  man,  or  could  be  reduced  into  his  pos 
session.  Happily,  God  has  deprived  us  of  the  power  to  abridge 
this  great  dominion  in  such  a  way,  by  making  the  mind,  the 
soul,  the  heart,  the  affections  of  every  man,  more  truly  inde 
pendent  of  all  human  power  than  the  subtlest  and  most  elastic 
substance  unendowed  with  life  ................ 

A  great  diversity  of  opinion  exists  in  the  United  States,  con 
cerning  the  proper  construction  of  the  constitution  of  the  United 


FREEDOM.  269 

States,  in  relation  to  slavery.  Some  receive  it  as  a  gospel  of 
universal  emancipation,  and  others  as  a  covenant  of  perpetual 
toleration  of  slavery.  Those  who  maintain  the  latter  opinion 
fortify  themselves  with. arguments  derived  from  the  condition  of 
the  country  and  the  spirit  of  the  times  when  the  constitution 
was  established.  It  seems  to  me  that  truth  is  found  on  both 
sides  of  the  controversy.  The  constitution  of  the  United  States, 
in  its  general  scope  and  spirit,  recognises  the  absolute  natural 
rights  of  mankind,  and  it  contemplates  an  ultimate  condition  of 
perfect  democratic  liberty  and  equality.  On  the  other  hand,  it 
contains  provisions  (adopted  doubtlessly  by  way  of  compromise) 
which  have  served  but  too  well  to  fortify  an  institution  whose 
existence  nearly  all  reflecting  and  candid  men  deplore.  Slavery 
is  only  the  negation  or  privation  of  that  liberty  which  is  the  birth 
right  of  all  men.  It  results  from  an  ascendency  of  physical  force 
which  always  obtains  in  rude  communities,  and  never  finally 
disappears  in  any  state,  until  intellectual  and  moral  agencies  are 
fully  developed.  Let  slavery  receive  what  name  or  form  it  may, 
it  is  always  the  same  —  subjection  of  the  weak  to  the  strong. 
The  progress  of  our  race  is  so  slow,  that  liberty  never  all  at 
once  achieves  an  absolute  triumph,  and  every  advantage  gained 
is  followed  by  reaction.  Thus  African  slavery,  unjust  as  it  is 
conceded  to  be,  long  as  it  has  endured,  and  long  as  it  may  be 
yet  destined  to  endure,  is  only  the  reaction  of  the  principle  of 
physical  force  by  which  it  has  compensated  itself  for  the  loss  of 
feudal  villeinage,  in  the  sixteenth  century  in  western  Europe. 
So  the  emancipation  of  Europe  seems  to  have  mysteriously 
drawn  after  it  the  desecration  of  a  new  continent,  with  a  darker, 
more  degrading,  and  severer  system  of  oppression.  Labor  was 
needed  to  reclaim,  suddenly,  a  wide  domain  from  the  sover 
eignty  of  Nature.  Voluntary  labor  stood  upon  terms  too  high 
for  contract,  and  therefore  physical  force  sought  and  subjugated 
involuntary  labor.  Slavery,  wherever  found,  was  not  created 
by  law,  but  obtained  its  establishment  by  evasion  or  subversion 
of  law.  It  spread  at  an  early  period  throughout  Virginia, 
although  the  charter  secured  to  all  whom  the  colonial  corpora 
tion  should  lead  thither  "  all  the  liberties,  franchises,  and  immu 
nities  of  free  denizens,  and  natural  subjects  within  any  of  the 
British  dominions,  to  all  intents  and  purposes,  as  if  they  had 


270  SELECTIONS. 

been  abiding  at  home,  within  the  realm  of  England,  or  in 
others  of  his  majesty's  dominions."*  Slavery  was  thus  ex 
cluded  by  royal  inhibition  from  the  territory  now  included 
within  the  state  of  Kentucky,  and  yet  it  took  root  and  flour 
ished  in  defiance  of  law,  until  it  overshadowed  the  state.  The 
cause  of  human  liberty,  however  baffled,  never  rests,  and  in 
the  eighteenth  century  it  had  borrowed  new  vigor  from  phi 
losophy  and  the  diffusion  of  Christianity.  The  movement  for  the 
abolition  of  slavery,  which  now  excites  so  much  apprehension  in 
portions  of  our  country,  is  by  no  means  as  modern  as  those  who 
think  it  can  be  suppressed  suppose.  It  began  in  a  meeting  of 
Friends,  in  London,  in  1727,  and  proceeded  so  slowly  that  it  did 
not  expel  the  institution  from  the  British  dominions  until  after 
the  lapse  of  one  hundred  and  seven  years.  Fifty-six  years 
were  spent  before  the  abolitionists  could  obtain  a  reading  in  the 
British  parliament  of  a  petition  for  the  suppression  of  the  slave- 
trade,  and  that  trade  was  not  finally  abolished  within  what  were 
the  British  colonies  on  this  continent  until  1807.  The  agitation 
of  abolition  in  England  reached  and  sensibly  affected  the  col 
onies  previously  to  the  Revolution,  and  the  Declaration  of 
American  Independence  bears  memorable  testimony  of  the  high 
tone  which  the  American  mind  had  then  assumed.  The  repre 
sentatives  who  assumed  to  pronounce,  in  1776,  a  separation  of 
this  country  from  the  parent  state,  were  so  deeply  imbued  with 
the  sentiment  of  abolition,  that  they  confided  the  task  of  pre 
paring  the  immortal  declaration  to  John  Adams,  an  obstinate 
hater  of  slavery,  and  Thomas  Jefferson,  a  young,  enthusiastic, 
and  open  abolitionist.  But  emancipation  was  destined,  in  its  turn, 
to  suffer  reaction.  —  Argument,  U.  S.  Supreme  Court,  Dec.,  1847. 

2T])c  Slabcrj?  (Question  can  nebcc  be  settlrti  bi»  (Compromises. 

STILL  it  is  replied  that  the  slavery  question  must  be  settled. 
That  question  can  not  be  settled  by  this  bill.  Slavery  and  free 
dom  are  conflicting  systems,  brought  together  by  the  union  of 
the  states,  not  neutralized,  nor  even  harmonized.  Their  antag 
onism  is  radical,  and  therefore  perpetual.  Compromise  contin 
ues  conflict,  and  the  conflict  involves,  unavoidably,  all  questions 
*  Charter  of  Virginia,  by  James  IT.,  1609,  Littell's  Laws  of  Ky.,  vol.  i.,  p.  11. 


, 

FREEDOM.  271 

of  national  interest  —  questions  of  revenue,  of  internal  improve 
ment,  of  industry,  of  commerce,  of  political  rivalry,  and  even  all 
questions  of  peace  and  of  war.  In  entering  the  career  of  con 
quest,  you  have  kindled  to  a  fiercer  heat  the  fires  you  seek  to 
extinguish,  because  you  have  thrown  into  them  the  fuel  of 
propagandism.  We  have  the  propagandism  of  slavery  to  en 
large  the  slave-market,  and  to  increase  slave  representation  in 
Congress  and  in  the  electoral  colleges  — for  the  bramble  ever 
seeks  power,  though  the  olive,  the  fig,  and  the  vine,  refuse  it ; 
and  we  have  the  propagandism  of  freedom  to  counteract  those 
purposes.  Nor  can  this  propagandism  be  arrested  on  either 
side.  The  sea  is  full  of  exiles,  and  they  swarm  over  our  land. 
Emigration  from  Europe  and  from  Asia,  from  Polynesia  even, 
from  the  free  states  and  from  the  slave  states,  goes  on,  and  will 
go  on,  and  must  go  on,  in  obedience  to  laws  which,  I  should  say, 
were  higher  than  the  constitution,  if  any  such  laws  were  ac 
knowledged  here.  And  I  may  be  allowed  here  to  refer  those 
who  have  been  scandalized  by  the  allusion  to  such  laws  to  a 
single  passage  by  an  author  whose  opinions  did  not  err  on  the 
side  of  superstition  or  of  tyranny  :  — 

"  If  it  be  said  that  every  nation  ought  in  tins  to  follow  their  own  consti 
tutions,  we  are  at  an  end  of  our  controversies;  for  they  ought  not  to  be 
followed,  unless  they  are  rfcghtly  made;  they  can  not  be  rightly  made  if 
they  are  contrary  to  the  universal  law  of  God  and  nature."  —  Discourses  on 
Government,  by  Algernon  Sidney. 

You  may  slay  the  Wilmot  proviso  in  the  senate- chamber,  and 
bury  it  beneath  the  capitol  to-day ;  the  dead  corse,  in  complete 
steel,  will  haunt  your  legislative  halls  to-morrow. 

When  the  strife  is  ended  in  the  territories  you  now  possess,  it 
will  be  renewed  on  new  fields,  north  as  well  as  south,  to  fortify 
advantages  gained,  or  to  retrieve  losses  incurred,  for  both  of  the 
parties  well  know  that  there  is  "  Yet,  in  that  word  Hereafter." 

This  compromise  is  rendered  doubly  dangerous  by  the  circum 
stance  that  it  is  a  concession  to  alarms  of  disorganization  and 
faction.  Such  concessions,  once  begun,  follow  each  other  with 
fearful  rapidity  and  always  increasing  magnitude.  It  is  time, 
high  time,  that  panics  about  the  Union  should  cease ;  that  it 
should  be  known  and  felt  that  the  constitution  and  the  Union, 
within  the  limits  of  human  security,  are  safe,  firm,  and  perpetual. 


272  SELECTIONS. 

Settle  wliat  you  can  settle ;  confide  in  that  old  arbiter,  Time, 
for  his  favoring  aid  in  settling  for  the  future  what  belongs  to  the 
future,  and  you  will  hereafter  be  relieved  of  two  classes  of  pa 
triots  whose  labors  can  well  be  spared  —  those  who  clamor  for 
disunion,  either  to  abolish  slavery  or  to  prevent  emancipation, 
and  those  who  surrender  principles  or  sound  policy  to  clamors 
so  idle. 

Sir,  the  agitations  which  alarm  us  are  not  signs  of  evils  to 
come,  but  mild  efforts  of  the  commonwealth  for  relief  from  mis 
chiefs  past. 

There  is  a  way,  and  one  way  only,  to  put  them  at  rest.  Let 
us  go  back  to  the  ground  where  our  forefathers  stood.  While 
we  leave  slavery  to  the  care  of  the  states  where  it  exists,  let  us 
inflexibly  direct  the  policy  of  the  federal  government  to  circum 
scribe  its  limits  and  favor  its  ultimate  extinguishment.  Let 
those  who  have  this  misfortune  entailed  upon  them,  instead  of 
contriving  how  to  maintain  an  equilibrium  that  never  had  exist 
ence,  consider  carefully  how  at  some  time — it  may  be  ten,  or 
twenty,  or  even  fifty  years  hence — by  some  means,  by  all 
means  of  their  own,  and  with  our  aid,  without  sudden  change  or 
violent  action  —  they  may  bring  about  the  emancipation  of  labor 
and  its  restoration  to  its  just  dignity  and  power  in  the  state. 
Let  them  take  hope  to  themselves,  give*  hope  to  the  free  states, 
awaken  hope  throughout  the  world.  They  will  thus  anticipate 
only  what  must  happen  at  some  time,  and  what  they  themselves 
must  desire  if  it  can  come  safely,  and  as  soon  as  it  can  come 
without  danger.  Let  them  do  only  this,  and  every  cause  of 
disagreement  will  cease  immediately  and  for  ever.  We  shall 
then  not  merely  endure  each  other,  but  we  shall  be  reconciled 
together,  and  shall  realize  once  more  the  concord  which  results 
from  mutual  league,  united  councils,  and  equal  hopes  and  haz 
ards  in  the  most  sublime  and  beneficent  enterprise  the  earth  has 
witnessed.  The  fingers  of  the  Powers  above  would  tune  the 
harmony  of  such  a  peace. —  Speech  in  U.  S.  Senate,  July  2, 1850. 


FREEDOM.  273 


Jtto&eratfon. 

THE  cause  of  emancipation  has  now  reached  an  interesting 
crisis.  The  sentiment  of  justice  to  the  African  race  has  at  length 
become  a  political  element  too  important  to  be  overlooked  or 
disregarded  by  either  of  the  great  political  parties.  The  expe 
diency  of  practical  emancipation  is  directly  discussed  in  one  slave 
state  and  thousands  are  prepared  for  it  in  other  states  where  the 
institution  has  seemed  impregnable.  Its  advocates  fail  to  con 
vince  the  people  that  it  is  a  humane,  or  a  necessary,  or  even  a 
harmless  anomaly  in  our  constitution.  Nevertheless  popular 
action  is  checked  by  alarms  concerning  the  threatened  dangers 
of  emancipation,  civil  wars,  and  dissolution  of  the  Union.  We 
live  in  an  age  when  the  specific  influences  of  Christianity  are 
widely  diffused,  and  we  shrink  from  prosecuting  even  the  most 
benevolent  designs  if  they  seem  to  involve  the  calamities  of  war. 
If  we  analyze  the  national  passion  of  patriotism,  we  shall  find  it 
to  consist  chiefly  in  veneration  for  the  constitution,  and  devotion 
to  the  union  of  the  states. 

The  seeming  indifference  of  the  people  concerning  the  guilt 
and  danger  of  slavery  has  been  so  irksome  to  the  impetuous 
that  many  who  have  been  esteemed  wise  and  patriotic  citizens, 
have  come  to  treat  of  disunion,  as  if  it  were  preferable  to  further 
forbearance,  or  were  in  some  way  involved  in  the  success  of 
abolition.  I  trust  that  such  sentiments  will  be  discarded.  What 
ever  hopes  may  be  indulged  by  those  who  permit  themselves  to 
speculate  concerning  secession  or  nullification,  we  have  enjoyed 
more  abounding  national  prosperity,  more  perfect  political  and 
social  equality,  and  more  precious  civil  and  religious  liberty,  by, 
through,  and  with  our  present  constitution,  than  were  ever  be 
fore  secured  by  any  people.  We  can  not  know  what  portion 
of  these  blessings  would  be  lost  by  dissolving  the  present  fabric 
and  constructing  another  or  others  in  its  place.  Heaven  forbid 
that  we  should  even  contemplate  the  experiment ! 

Prudence  in  regard  to  the  cause  of  emancipation  forbids  the 
indulgence  of  a  thought  of  disunion.  If  it  be  so  confessedly  dif 
ficult  to  awaken  the  national  conscience,  while  the  patriotism  of 
abolitionists  can  not  be  justly  questioned,  it  would  be  ruinous  to 

12* 


274  SELECTIONS. 

suffer  so  noble  an  enterprise  to  be  at  all  connected  with  designs 
which,  however  they  may  be  excused  or  palliated,  must  never 
theless  be  seditious  and  treasonable. 

I  grant  that  the  annexation  of  Texas,  through  the  failure  of 
concert  among  the  opponents  of  slavery,  vastly  increases  the 
difficulty  of  emancipation.  But  still  I  trust  that  if  that  great 
enterprise  be  conducted  with  discretion,  it  will  advance  fastei 
than  the  population  and  political  influence  of  the  new  territory. 
The  slaveholders  have  enlarged  the  domain  of  our  country.  Let 
this  untoward  event  only  excite  us  the  more.  Let  us  rouse  our 
selves  to  the  necessary  effort,  and  enlarge  indeed  the  "  area  of 
freedom." 

Men  differ  much  in  temperament  and  susceptibility,  and  are 
so  variously  situated,  that  they  receive  from  the  same  causes 
very  unequal  impressions.  It  is  not  in  human  nature  that  all 
who  desire  the  abolition  of  slavery  should  be  inflamed  with  equal 
zeal ;  and  different  degrees  of  fervor  produce  different  opinions 
concerning  the  measure  proper  to  be  adopted.  Great  caution  is 
necessary,  therefore,  to  preserve  mutual  confidence  and  harmony. 
No  cause,  however  just,  can  flourish  without  these.  Christian 
Europe  lost  the  Holy  Sepulchre,  which  had  cost  so  many  sacri 
fices,  less  by  the  bravery  of  the  Saracens,  than  by  the  mutual 
controversies  of  the  Crusaders.  The  protestant  reformation  was 
arrested  two  hundred  years  ago,  by  the  distraction  of  the  reform 
ers,  and  not  a  furlong's  breadth  has  since  been  gained  from  the 
papal  hierarchy. 

I  am  far  from  denying  that  any  class  of  abolitionists  has  done 
much  good  for  their  common  cause,  but  I  think  the  whole  result 
has  been  much  diminished  by  the  angry  conflicts  between  them, 
often  on  mere  metaphysical  questions.  I  sincerely  hope  that 
these  conflicts  may  now  cease.  Emancipation  is  now  a  political 
enterprise,  to  be  effected  through  the  consent  and  action  of  the 
American  people.  They  will  lend  no  countenance  or  favor  to 
any  other  than  lawful  and  constitutional  means.  Nor  is  the 
range  of  our  efforts  narrowly  circumscribed  by  the  constitution. 

In  many  of  the  free  states  there  is  a  large  mass  of  citizens 
disfranchised  on  the  ground  of  color.  They  must  be  invested 
with  the  right  of  suffrage.  Give  them  this  right,  and  their  in 
fluence  will  be  immediately  felt  in  the  national  councils,  and  it 


FREEDOM.  275 

is  needless  to  say  will  be  cast  in  favor  of  those  who  uphold  the 
cause  of  human  liberty.  We  must  resist  unceasingly  the  admis- 
'sion  of  slave  states,  and  urge  and  demand  the  abolition  of  sla 
very  in  the  District  of  Columbia.  We  have  secured  the  right 
of  petition,  but  the  federal  government  continues  to  be  swerved 
by  the  influences  of  slavery  as  before.  This  tendency  can  and 
must  be  counteracted;  and  when  one  independent  Congress 
shall  have  been  elected,  the  internal  slave-trade  will  be  subject 
ed  to  inquiry.  Amendments  to  the  constitution  may  be  initiated, 
and  the  obstacles  in  the  way  of  emancipation  will  no  longer  ap 
pear  insurmountable. 

But,  gentlemen,  I  fear  I  may  appear  to  dogmatize  when  I 
intended  only  to  invoke  concession.  If  I  seem  to  do  so  too  ear 
nestly,  it  is  because  I  feel  so  deeply  interested  in  the  cause  to 
which  your  efforts  are  devoted,  and  because  I  believe  with  Burke, 
that  "  we  ought  to  act  in  political  affairs  with  all  the  moderation 
which  does  not  absolutely  enervate  that  vigor,  and  quench  that 
fervency  of  spirit,  without  which  the  best  wishes  for  the  public 
good  must  evaporate  in  empty  speculation."  —  Letter  to  Hon. 
S.  P.  Chase  and  Others  of  Ohio,  May,  1845. 


COMMERCE. 


public 

No  reason  for  rejecting  these  claims*  remains,  except  that 
they  have  not  been  paid  heretofore.  But  mere  lapse  of  time 
pays  no  debts,  and  discharges  no  obligations.  There  has  been 
no  release,  no  waiver,  no  neglect,  no  delay,  by  the  creditors. 
They  have  been  here  twenty-five  times  in  fifty  years ;  that  is 
to  say,  they  have  appeared  in  their  successive  generations,  be 
fore  every  Congress  since  their  claims  against  the  United  States 
accrued.  Against  such  claims  and  such  creditors  there  is  no 
prescription. 

It  is  said,  indeed,  that  the  nation  is  unable  to  pay  these  claims 
now.  I  put  a  single  question  in  reply  :  When  will  the  nation 
be  more  affluent  than  now  ? 

The  senator  [Mr.  HUNTER]  says,  again,  that,  if  the  debts  are 
just,  we  should  pay  the  whole,  and  not  a  moiety ;  and  that  if 
the  claims  are  unjust,  then  the  bill  proposes  a  gratuity — that  in 
the  one  case  the  appropriation  is  too  small,  and  in  the  other  too 
great.  This  is  the  plea  of  him  who,  I  think  it  was  in  Ephesus, 
despoiled  the  statue  of  Jupiter  of  its  golden  robe,  saying,  "  Gold 
was  too  warm  in  summer,  and  too  cold  in  winter,  for  the  shoul 
ders  of  the  god." 

Sir,  commerce  is  one  of  the  great  occupations  of  this  nation. 
It  is  the  fountain  of  its  revenues,  as  it  is  the  chief  agent  of  its 
advancement  in  civilization  and  enlargement  of  empire.  It  is 
exclusively  the  care  of  the  federal  authorities.  It  is  for  the  pro 
tection  of  commerce  that  they  pass  laws,  make  treaties,  build 
*  For  French  Spoliations. 


COMMERCE.  277 

fc  rtifications,  and  maintain  navies  upon  all  the  seas.  But  justice 
and  good  faith  are  surer  defences  than  treaties,  fortifications,  or 
naval  armaments.  Justice  and  good  faith  constitute  true  national 
honor,  which  feels  a  stain  more  keenly  than  a  wound.  The  na 
tion  that  lives  in  wealth  and  in  the  enjoyment  of  power,  and 
yet  under  unpaid  obligations,  dwells  in  dishonor  and  in  danger. 
The  nation  that  would  be  truly  great,  or  even  merely  safe,  must 
practise  an  austere  and  self-denying  morality. 

The  faith  of  canonized  ancestors,  whose  fame  now  belongs  to 
mankind,  is  pledged  to  the  payment  of  these  debts.  "  Let  the 
merchants  send  hither  well-authenticated  evidences  of  their 
claims,  and  proper  measures  shall  be  taken  for  their  relief." 
This  was  the  promise  of  Washington.  The  evidence  is  here.  Let 
us  redeem  the  sacred  and  venerable  engagement.  Through  his 
sagacity  and  virtue,  we  have  inherited  with  it  ample  and  abun 
dant  resources,  and  to  them  we  ourselves  have  added  the  newly- 
discovered  wealth  of  southern  plains,  and  the  hidden  treasures  of 
the  western  coast.  With  the  opening  of  the  half  century,  we  are 
entering  upon  new  and  profitable  intercourse  with  the  ancient 
oriental  states  and  races,  while  we  are  grappling  more  closely 
to  us  the  new  states  on  our  own  continent.  Let  us  signalize  an 
epoch  so  important  in  commerce  and  politics,  byjustly  dischar 
ging  ourselves  for  ever  from  the  yet  remaining  obligations  of  the 
first  and  most  sacred  of  all  our  national  engagements.  While 
we  are  growing  over  all  lands,  let  us  b'e  rigorously  just  to  other 
nations,  just  to  the  several  states,  and  just  to  every  class  and  to 
every  citizen ;  in  short,  just  in  all  our  administration,  and  just 
toward  all  mankind.  So  shall  prosperity  crown  all  our  enter 
prises — nor  shall  any  disturbance  within  nor  danger  from  abroad 
come  nigh  unto  us,  nor  alarm  us  for  the  safety  of  fireside,  or  fane, 
or  capitol. —  Speech  on  French  Spoliation  Bill  in  U.  S.  Senate, 
January,  21,  1851. 

American  Hutcrjmsc. 

COME,  then,  Senators,  and  suppose  that  you  stand  with  me  in 
the  galleries  of  St.  Stephen's  chapel,  on  a  day  so  long  gone  by 
as  the  22d  of  March,  1775.  A  mighty  debate  has  been  going 
on  here  in  this  august  legislature  of  the  British  empire.  Insur- 


278  SELECTIONS, 

rection  against  commercial  restriction  has  broken  out  in  the  dis 
tant  American  colonies ;  a  seditious  assembly  in  Philadelphia 
has  organized  it ;  and  a  brave,  patient,  unimpassioned,  and  not 
untried  soldier  of  Virginia,  lies,  with  hastily-gathered  and  irreg 
ular  levies,  on  the  heights  of  Dorchester,  waiting  the  coining  out 
of  the  British  army  from  Boston.  The  question  whether  Great 
Britain  shall  strike,  or  concede  and  conciliate,  has  just  been  de 
bated  and  decided.  Concession  has  been  denied.  A  silence, 
brief  but  intense,  is  broken  by  the  often  fierce  and  violent,  but 
now  measured  and  solemn  utterance  of  Burke  :  "  My  counsel 
has  been  rejected.  You  have  determined  to  trample  upon  and 
extinguish  a  people  who  have,  in  the  course  of  a  single  life, 
added  to  England  as  much  as  she  had  acquired  by  a  progressive 
increase  of  improvement,  brought  on,  by  varieties  of  civilizing 
conquests  and  civilizing  settlements,-  in  a  series  of  seventeen 
hundred  years.  A  vision  has  passed  before  my  eyes ;  the  spirit 
of  prophecy  is  upon  me.  Listen,  now,  to  a  revelation  of  the  con 
sequences  which  shall  follow  your  maddened  decision.  Hence 
forth,  there  shall  be  division,  separation,  and  eternal  conflict  in 
alternating  war  and  peace  between  you  and  the  child  you  have 
oppressed,  which  has  inherited  all  your  indomitable  love  of  lib 
erty  and  all  your  insatiable  passion  for  power.  Though  still 
in  the  gristle,  and  not  yet  hardened  into  the  bone  of  manhood, 
America  will,  within  the  short  period  of  sixteen  months,  cast  off 
your  dominion  and  defy  your  utmost  persecution.  Perfecting  the 
institutions  you  have  not  yet  suffered  to  ripen,  she  will  establish 
a  republic,  the  first  confederate  representative  commonwealth, 
which  shall  in  time  become  the  admiration  and  envy  of  the  world. 
France,  the  hereditary  rival  whom,  only  twenty  years  ago,  with 
the  aid  of  your  own  colonies,  you  despoiled  of  her  North  Ameri 
can  possessions,  though  they  had  been  strengthened  by  the 
genius  of  Richelieu,  will  take  sweet  revenge  in  aiding  the  eman 
cipation  of  those  very  colonies,  and  thus  dismembering  your 
empire.  You  will  strike  her  in  vain  with  one  hand,  while  you 
stretch  forth  the  other  to  reduce  your  colonies  with  equal  dis 
comfiture.  And  you,  even  you,  most  infatuated  yet  most  loyal 
prince,  will  within  eight  years  sign  a  treaty  of  peace  with  the 
royal  Bourbon,  and  of  independence  with  republican  America ! 
With  fraud,  corruption,  fire  and  sword,  you  will  compensate 


COMMERCE.  279 

England  with  conquests  in  the  East,  and  within  half  &  century 
they  will  surround  the  world,  and  the  British  flag  shall  wave 
over  provinces  covering  five  millions  of  square  miles,  and  con 
taining  one  sixth  of  the  people  of  the  glohe.  Nor  shall  you  lose 
your  retaliation  upon  your  ancient  enemy  ;  for  she,  in  the  mean 
time,  imhibing  and  intoxicated  by  the  spirit  of  revolution  in  her 
American  affiliation,  shall  overthrow  all  authority,  human  and 
divine,  and,  exhausting  herself  by  twenty-five  years  of  carnage 
and  desolation  throughout  continental  Europe,  shall  at  last  suc 
cumb  to  your  victorious  arms,  and  relapse,  after  ineffectual 
struggles,  into  the  embraces  of  an  inglorious  military  despotism. 
Yet,  notwithstanding  all  these  unsurpassed  conquests  and  tri 
umphs,  shall  you  enjoy  no  certain  or  complete  dominion.  For, 
on  the  other  hand,  wild  beasts  and  savage  men  and  uncouth 
manners  shall  all  disappear  on  the  American  continent ;  and  the 
three  millions  whom  you  now  despise,  gathering  to  themselves 
increase  from  every  European  nation  and  island,  will,  within 
seventy-five  years,  spread  themselves  over  field  and  forest, 
prairie  and  mountain,  until,  in  your  way  to  your  provinces  in  the 
Bahamas,  they  shall  meet  you  on  the  shores  of  the  gulf  of  Mex 
ico,  and  on  your  return  from  the  eastern  Indies,  they  will  salute 
you  from  the  eastern  coast  of  the  Pacific  ocean.  In  the  mean 
time,  with  genius  developed  by  the  influence  of  freedom,  and 
with  vigor  called  forth  and  disciplined  in  the  subjugation  of  the 
forest,  and  trained  and  perfected  in  the  mysteries  of  ship-build 
ing  and  navigation,  by  the  hardy  exercise  of  the  whale  fisheries 
under  either  pole,  they  will,  in  all  European  conflicts,  with  keen 
sagacity,  assume  the  relation  of  neutrals,  and  thus  grasp  the 
prize  of  Atlantic  commerce  dropped  into  their  hands  by  fierce 
lielligerents.  In  the  midst  of  your  studies  and  experiments  in 
hydraulics,  steam,  and  electricity,  they  will  seize  the  unpractised 
and  even  incomplete  inventions,  and  cover  their  rivers  with 
steamboats,  and  connect  and  bind  together  their  widely-separa 
ted  territories  with  canals,  railroads,  and  telegraphs.  When  n 
long  interval  of  peace  shall  have  come,  your  merchants,  combi 
ning  a  vast  capital,  will  regain  and  hold  for  a  time  the  carrying 
trade,  by  substituting  capacious,  buoyant,  and  fleet  packet-ships, 
departing  and  arriving  with  exact  punctuality ;  but  the  Ameri 
cans,  quickly  borrowing  the  device,  and  improving  on  your 


280  SELECTIONS. 

skill,  will  reconquer  their  commerce.  You  will  then  rouse  all  the 
enterprise  of  your  merchants,  and  all  the  spirit  of  your  govern 
ment,  and  wresting  the  new  and  mighty  power  of  steam  from  the 
hands  of  your  inveterate  rival,  will  apply  it  to  ocean  navigation, 
and  laying  hold  of  the  commercial  and  social  correspondence 
between  the  two  continents,  increasing  as  the  nations  rise  to 
higher  civilization  and  come  into  more  close  and  intimate  rela 
tions,  as  the  basis  of  postal  revenue,  you  will  thus  restore  your 
lost  monopoly  on  the  Atlantic,  and  enjoy  it  unmolested  through 
a  period  of  ten  years.  During  that  season  of  triumph,  you  will 
mature  and  perfect  all  the  arrangements  for  extending  this 
mighty  device  of  power  and  revenue,  so  as  to  connect  every 
island  of  the  seas  and  every  part  of  every  continent  with  your 
capital.  But  just  at  that  moment,  your  emulous  rival  will  ap 
pear  with  .steamships  still  more  capacious,  buoyant  and  fleet, 
than  your  own,  in  your  harbors,  and  at  once  subverting  your 
Atlantic  monopoly,  will  give  earnest  of  her  vigorous  renewal  of 
the  endless  contest  for  supremacy  of  all  the  seas.  When  you 
think  her  expelled  from  the  ocean,  her  flag  will  be  seen  in  your 
ports,  covering  her  charities  contributed  to  relieve  your  popula 
tion,  stricken  by  famine  ;  and  while  you  stand  hesitating  whether 
to  declare  between  republicanism  and  absolute  power  in  conti 
nental  Europe,  her  embassadors  will  be  seen  waiting  on  every 
battle-field  to  salute  the  triumphs  of  liberty ;  and  when  that 
cause  shall  be  overthrown,  the  same  constant  flag  shall  be  seen 
even  in  the  straits  of  the  Dardanelles,  receiving  with  ovations 
due  to  conquerors  the  temporarily  overthrown  champions  of  free 
dom.  Look  toward  Africa !  there  you  see  American  colonies 
lifting  her  up  from  her  long  night  of  barbarism  into  the  broad 
light  of  liberty  and  civilization.  Look  to  the  East,  you  see 
American  missionaries  bringing  the  people  of  the  Sandwich 
islands  into  the  family  of  nations,  and  American  armaments 
peacefully  seeking  yet  firmly  demanding  the  rights  of  humanity 
in  Japan  Look  to  the  equator,  there  are  American  engineers 
opening  passages  by  canals  and  railroads  across  the  isthmus 
which  divides  the  two  oceans.  And  last  of  all,  look  northward, 
and  you  behold  American  sailors  penetrating  the  continent  of  ice 
in  search  of  your  own  daring  and  lost  navigators." 

Sir,  this  stupendous  vision  has  become  real.    All  this  moment- 


COMMERCE.  281 

ons  prophecy  has  come  to  pass.  The  man  yet  lives  who  has 
seen  both  the  end  and  the  beginning  of  its  fulfilment.  It  is  his 
tory.  And  that  history  shows  that  this  enterprise  of  American 
Atlantic  steam  navigation  was  wisely  and  even  necessarily  un 
dertaken,  to  maintain  our  present  commercial  independence,  and 
the  contest  for  the  ultimate  empire  of  the  ocean.  Only  a  word 
shall  express  the  importance  of  these  objects.  International 
postal  communication  and  foreign  commerce  are  as  important  as 
domestic  mails  and  traffic.  Equality  with  other  nations  in  re 
spect  to  those  interests  is  as  important  as  freedom  from  restric 
tion  upon  them  among  ourselves.  Except.  Eome  —  which  sub 
stituted  conquest  and  spoliation  for  commerce — no  nation  was 
ever  highly  prosperous,  really  great,  or  even  truly  independent, 
whose  foreign  communications  and  traffic  were  conducted  by 
other  states;  while  Tyre,  and  Egypt,  and  Venice,  and  the 
Netherlands,  and  Great  Britain,  successively  becoming  the  mer 
chants,  became  thereby  the  masters  of  the  world. 
*  *  #  *  *  *  *  * 

I  conjure  you  to  consider,  moreover,  that  England,  without 
waiting  for,  and,  I  am  sure,  without  expecting,  so  inglorious  a 
retreat  on  our  part,  is  completing  a  vast  web  of  ocean  steam 
navigation,  based  on  postage  and  commerce,  that  will  connect  all 
the  European  ports,  all  our  own  ports,  all  the  South  American 
ports,  all  the  ports  in  the  West  Indies,  all  the  ports  of  Asia  and 
Oceanica,  with  her  great  commercial  capital.  Thus  the  world 
is  to  become  a  great  commercial  system,  ramified  by  a  thousand 
nerves  projecting  from  the  one  head  at  London.  Yet,  stupen 
dous  as  the  scheme  is,  our  own  merchants,  conscious  of  equal 
capacity  and  equal  resources,  and  relying  on  experience  for  suc 
cess,  stand  here  beseeching  us  to  allow  them  to  counteract  its 
fulfilment,  and  ask  of  us  facilities  and  aid  equal  to  those  yielded 
by  the  British  government  to  its  citizens.  While  our  commer 
cial  history  is  full  of  presages  of  a  successful  competition,  Great 
Britain  is  sunk  deep  in  debt.  We  are  free  from  debt.  Great 
Britain  is  oppressed  with  armies  and  costly  aristocratic  institu 
tions  ;  industry  among  us  is  unfettered  and  free.  But  it  is  a 
contest  depending  not  on  armies,  nor  even  on  wealth,  but  chiefly 
on  invention  and  industry.  And  how  stands  the  national  ac 
count  in  those  respects?  The  cotton-gin,  the  planing-machirie, 


'282  SELECTIONS. 

steam  navigation,  and  electrical  communication  —  these  are  old 
achievements.  England  only  a  year  ago  invited  the  nations  to 
bring  their  inventions  and  compare  them  together  in  a  palace  of 
iron  and  glass.  In  all  the  devices  for  the  increase  of  luxury  and 
indulgence,  America  was  surpassed,  not  only  by  refined  England 
and  by  chivalrous  France,  but  even  by  semi-barbarian  Russia. 
Not  until  after  all  the  mortification  which  such  a  result  necessa 
rily  produced,  did  the  comparison  of  utilitarian  inventions  begin. 
Then  our  countrymen  exhibited  Dick's  anti-friction  press  —  a 
machine  that  moved  a  power  greater  by  two  hundred  and  forty 
tons  than  could  be  raised  by  the  Brama  hydraulic  press,  which, 
having  been  used  by  Sir  John  Stevenson  in  erecting  the  tubu 
lar  bridge  over  the  straits  of  Mcnai,  had  been  brought  forward 
by  the  British  artisans  as  a  contrivance  of  unrivalled  merit  for 
the  generation  of  direct  power.  Next  was  submitted,  on  our 
behalf,  the  two  inventions  of  'St.  John,  the  variation  compass, 
which  indicates  the  deflection  of  its  own  needle  at  any  place, 
resulting  from  local  causes ;  and  the  velocimeter,  which  tells, 
at  any  time,  the  actual  speed  of  the  vessel  bearing  it,  and 
its  distance  from  the  port  of  departure  —  inventions  adopted 
at  once  by  the  admiralty  of  Great  Britain.  Then,  to  say  noth 
ing  of  the  ingeniously-constructed  locks  exhibited  by  Hobbs 
which  defied  the  skill  oi'  the  British  artisans,  while  he  opened 
all  of  theirs  at  pleasure,  there  was  Bigelow's  power-loom, 
which  has  brought  down  ingrain  and  Brussels  carpets  within 
the  reach  of  the  British  mechanic  and  farmer.  While  the 
American  ploughs  took  precedence  of  all  others,  M'Cormick's 
reaper  was  acknowledged  to  be  a  contribution  to  the  agriculture 
of  England,  surpassing  in  value  the  cost  of  the  Crystal  Palace. 
Nor  were  we  dishonored  in  the  fine  arts,  for  a  well-deserved  meed 
was  awarded  to  Hughes  for  his  successful  incorporation  in  mar 
ble  of  the  ideal  of  Oliver  Twist ;  and  the  palm  was  conferred  on 
Powers  for  his  immortal  statue  of  the  Greek  Slave.  When 
these  successes  had  turned  away  the  tide  of  derision  from  our 
country,  the  yacht  America  entered  the  Thames.  Skilful  ar 
chitects  saw  that  she  combined,  in  before  unknown  proportions, 
the  elements  of  grace  and  motion,  and  her  modest  challenge  was 
reluctantly  accepted,  and  even  then  only  for  a  tenth  part  of  the 
prize  she  proposed.  The  trial  was  graced  by  the  presence  of 


COMMERCE.  283 

the  queen  and  her  court,  and  watched  with  an  interest  created 
by  national  pride  and  ambition,  and  yet  the  triumph  was  com 
plete. 

In  the  very  hour  of  this,  of  itself,  conclusive  demonstration  of 
American  superiority  in  utilitarian  inventions,  and  in  the  art 
"  that  leads  to  nautical  dominion,"  a  further  and  irresistible  con 
firmation  was  given  by  the  arrival  of  American  clippers  from 
India,  freighted  at  advanced  rates  with  shipments,  consigned  by 
the  agents  of  the  East  India  company  at  Calcutta  to  their  own 
warehouses  in  London.  Such  and  so  recent  are  the  proofs,  that 
in  the  capital  element  of  invention  we  are  equal  to  the  contest 
for  the  supremacy  of  the  seas.  When  I  consider  them,  and 
consider  our  resources,  of  which  those  of  Pennsylvania,  or  of  the 
valley  of  the  Mississippi,  or  of  California,  alone  exceed  the  entire 
native  wealth  of  Great  Britain ;  when  I  consider,  moreover,  our 
yet  unelicited  manufacturing  capacity  —  our  great  population, 
already  nearly  equal  to  that  of  the  British  Islands,  and  multi 
plying  at  a  rate  unknown  in  human  progress  by  accessions  from 
both  of  the  old  continents ;  when  I  consider  the  advantages  of 
our  geographical  position,  midway  between  them ;  and  when 
I  consider,  above  all,  the  expanding  and  elevating  influence  of 
freedom  upon  the  genius  of  our  people,  I  feel  quite  assured  that 
their  enterprise  will  be  adequate  to  the  glorious  conflict,  if  it 
shall  be  only  sustained  by  constancy  and  perseverance  on  the 
part  of  their  government.  I  do  not  know  that  we  shall  prevail 
in  that  conflict ;  but  for  myself,  like  the  modest  hero  who  was 
instructed  to  charge  on  the  artillery  at  Niagara,  I  can  say  that 
we  "  will  try  ;"  and  that  when  a  difficulty  occurs  no  greater  than 
that  which  meets  us  now,  my  motto  shall  be  the  words  of  the 
dying  commander  of  the  Chesapeake  —  "Don't  give  up  the 
ship."  —  Speech  on  American  Steam  Navigation,  in  Sejiate,  April 
27,  1852. 

(T{)c  fc&jjale  JFisJjeries. 

Mr.  PRESIDENT  :  Some  years  ago,  when  ascending  the  Ala 
bama,  I  saw  a  stag  plunge  into  the  river,  and  gallantly  gain  the 
western  bank,  while  the  desponding  sportsman  whose  rifle  he 
had  escaped,  sat  down  to  mourn  his  ill  luck  under  the  deep  mag- 


284  SELECTIONS. 

nolia  forest  that  shaded  the  eastern  shore.  You,*  sir,  are  a 
dweller  in  that  region,  and  are,  as  all  the  world  knows,  a  gen 
tleman  of  cultivated  taste  and  liberal  fortunes.  Perhaps  then, 
you  may  have  been  that  unfortunate  hunter.  Howsoever  that 
may  have  been,  I  wish  to  converse  with  you  now  of  the  chase, 
and  yet  not  of  deer,  or  hawk,  or  hound,  but  of  a  chase  upon  the 
seas ;  and  still  not  of  angling  or  trolling,  nor  of  the  busy  toil  of 
those  worthy  fishermen  who  seem  likely  to  embroil  us,  certainly 
without  reluctance  on  our  part,  in  a  controversy  about  their 
rights  in  the  Bay  of  Fundy ;  but  of  a  nobler  sport,  and  more 
adventurous  sportsmen  than  Izaak  Walton,  or  Daniel  Booue,  or 
even  Nimrod,  the  mightiest  as  well  as  most  ancient  of  hunters, 
ever  dreamed  of — the  chase  of  the  whale  over  his  broad  range 
of  the  universal  ocean. 

Do  not  hastily  pronounce  the  subject  out  of  order  or  unprofit 
able,  or  unworthy  of  this  high  presence.  The  Phoenicians,  the 
earliest  mercantile  nation  known  to  us,  enriched  themselves  by 
selling  the  celebrated  Tynan  dye,  and  glass  made  of  sand  taken 
from  the  sea ;  and  they  acquired  not  only  those  sources  of  wealth 
but  the  art  of  navigation  itself,  in  the  practice  of  their  humble 
calling  as  fishermen.  A  thousand  years  ago,  King  Alfred  was 
laying  the  foundations  of  empire  for  Young  England,  as  we  are 
now  doing  for  Young  America.  The  monarch  whom  men  have 
justly  surnamed  the  Wise  as  well  as  the  Great,  did  not  disdain 
to  listen  to  Octher,  who  related  the  adventures  of  a  voyage  along 
the  coast  of  Norway,  "  so  far  north  as  commonly  the  whale  hunt 
ers  used  to  travel;"  nor  was  the  stranger  suffered  to  depart 
until  he  had  submitted  to  the  king  "  a  most  just  survey  and  de 
scription"  of  the  northern  seas,  not  only  as  they  extended  up 
ward  to  the  North  cape,  but  also  as  they  declined  downward 
along  the  southeast  coast  of  Lapland,  and  so  following  the  icy 
beach  of  Russia  to  where  the  river  Dwina  discharged  its  waters 
into  the  White  sea,  or,  as  it  was  then  called,  the  sea  of  Archan 
gel.  Perhaps  my  poor  speech  may  end  in  some  similar  lesson. 
The  incident  I  have  related  is  the  burden  of  the  earliest  histor 
ical  notice  of  the  subjugation  of  the  monster  of  the  seas  to  the 
uses  of  man.  The  fishery  was  carried  on  then,  and  near  six 
hundred  years  afterward,  by  the  Basques,  Biscayans,  and  Nor- 
*  Hon.  W.  II.  Kin?. 


COMMERCE.  285 

wegians,  for  the  food  yielded  by  the  tongue,  and  the  oil  obtained 
from  the  fat  of  the  animal.  Whalebone  entered  into  commerce 
in  the  fifteenth  century,  and  at  first  commanded  the  enormous 
price  of  seven  hundred  pounds  sterling  per  ton,  exceeding  a 
value  in  this  age  of  ten  thousand  dollars.  Those  were  merry 
times,  if  not  for  science,  at  least  for  royalty,  when,  although  the 
material  for  stays  and  hoops  was  taken  from  the  mouth,  the  law 
appropriated  the  tail  of  every  whale  taken  by  an  English  sub 
ject  to  the  use  of  the  queen,  for  the  supply  of  the  royal  ward 
robe 

Mr.  President,  I  have  tried  to  win  the  favor  of  the  senate 
toward  the  national  whale-fishery  for  a  purpose.  The  whales 
have  found  a  new  retreat  in  the  seas  of  Ochotsk  and  Anadir, 
south  of  Bhering  straits,  and  in  that  part  of  the  Arctic  ocean 
lying  north  of  them.  In  1848,  Captain  ROJMS,  in  the  whale- 
ship  Superior,  passed  through  those  seas  and  through  the  straits, 
braving  the  perils  of  an  unknown  way  and  an  inhospitable  cli 
mate.  He  filled  his  ship  in  a  few  weeks,  and  the  news  of  his 
success  went  abroad.  In  1849,  a  fleet  of  one  hundred  and 
fifty-four  sail  went  up  to  this  new  fishing-ground ;  in  1850,  a 
fleet  of  one  hundred  and  forty-four  ;  and  in  1851,  a  fleet  of  one 
hundred  and  forty-five.  The  vessels  are  manned  with  thirty 
persons  each  ;  and  their  value,  including  that  of  the  average 
annual  cargoes  procured  there,  is  equal  to  nine  millions  —  and 
thus  exceeds  by  near  two  millions  the  highest  annual  import 
from  China.  But  these  fleets  are  beset  by  not  only  such  dan 
gers  of  their  calling  as  customarily  occur  on  well-explored  fish 
ing  grounds,  but  also  by  the  multiplied  dangers  of  shipwreck 
resulting  from  the  want  of  accurate  topographical  knowledge  — 
the  only  charts  of  those  seas  being  imperfect  and  unsatisfactory. 
While  many  and  deplorable  losses  were  sustained  by  the  fleets 
of  1S49-'50,  we  have  already  information  of  the  loss  of  eleven 
vessels,  one  thirteenth  part  of  the  whole  fleet  of  1851,  many  of 
which  disasters  might  have  been  avoided  had  there  been  charts 
accurately  indicating  the  shoals  and  headlands,  and  also  places 
of  sheltered  anchorage  near  them.  These  facts  are  represented 
to  us  by  the  merchants,  ship-owners,  and  underwriters,  and  are 
confirmed  by  Lieutenant  Maury,  who  presides  in  this  depart 
ment  of  science  in  the  navy,  as  well  as  in  the  labors  and  studies 


286  SELECTIONS. 

of  the  national  observatory.  We  want,  then,  not  bounties  nor 
protection,  nor  even  an  accurate  survey,  but  simply  an  explora 
tion  and  reconnoissance  of  those  seas,  which  have  so  recently 
become  the  theatre  of  profitable  adventure  and  brave  achieve 
ment  by  our  whale-hunters.  This  service  can  be  performed 
by  officers  and  crews  now  belonging  to  the  navy,  in  two  or 
three  vessels  which  already  belong  or  may  be  added  to  it, 
and  would  continue,  at  moSt,  only  throughout  two  or  three 
years.  Happily,  the  measure  involves  nothing  new,  untried, 
or  uncommon.  To  say  nothing  of  our  recent  search  foi\the 
lamented  Sir  John  Franklin,  nor  of  our  great  exploring  expedi 
tion  under  Captain  Wilkes,  we  are  already  engaged  in  triangu 
lating  a  coast  survey  of  the  Atlantic  shore.  Charts,  light-houses, 
and  beacons,  show  the  pilot  his  way,  not  only  over  that  ocean 
and  among  its  isMnds,  but  along  all  our  rivers,  and  even  upon 
our  inland  lakes.  The  absence  of  similar  guides  and  beacons  in 
the  waters  now  in  question,  results  from  the  fact  that  the  Pacific 
coast  has  but  recently  fallen  under  our  sway,  and  Behring's 
straits  and  the  seas  they  connect  have  not  until  now  been  fre 
quently  navigated  by  the  seamen  of  any  nation.  Certainly 
somebody  must  do  this  service.  But  who  will  ]  The  whalers 
can  not.  No  foreign  nation  will,  for  none  is  interested.  The 
constitutional  power  and  responsibility  rest  with  the  federal 
government,  and  its  means  are  adequate.  —  Speech  in  U.  S. 
Senate,  July  29,  1852. 

(Eommertt  on  tfte  IDactftc. 

WHO  does  not  see  that  every  year,  hereafter,  European  com 
merce,  European  politics,  European  thoughts,  and  European 
activity,  although  actually  gaining  greater  force  —  and  European 
connections,  although  actually  becoming  more  intimate  —  will, 
nevertheless,  relatively  sink  in  importance  ;  while  the  Pacific 
ocean,  its  shores,  its  islands,  and  the  vast  regions  beyond,  will 
become  the  chief  theatre  of  events  in  the  world's  great  hereaf 
ter?  Who  does  not  see  that  this  movement  must  effect  our  own 
complete  emancipation  from  what  remains  of  European  influence 
and  prejudice,  and  in  turn  develop  the  American  opinion  and 
influence  which  shall  remould  constitutions,  laws,  and  customs, 


COMMERCE.  287 

in  the  lan.l  that  is  first  greeted  by  the  rising  sun  1  Sir,  although 
I  am  no  socialist,  no  dreamer  of  a  suddenly-coming  millennium, 
I  nevertheless  can  not  reject  the  hope  that  peace  is  now  to  have 
her  sway,  and  that  as  war  has  hitherto  defaced  and  saddened 
the  Atlantic  world,  the  better  passions  of  mankind  will  soon 
have  their  development  in  the  new  theatre  of  human  activity. 

Commerce  is  the  great  agent  of  this  movement.     Whatever 
nation  shall  put  that  commerce  into  full  employment,  and  shall 
conduct  it  steadily  with  adequate  expansion,  will  become  neces 
sarily  the  greatest  of  existing  states ;  greater  than  any  that  has 
ever  existed.     Sir,  you  will  claim  that  responsibility  and  that 
higli  destiny  for  our  own  country.     Are  you  so  sure  that  by 
assuming  the  one  she  will  gain  the  other  1     They  imply  noth 
ing  less  than  universal  comm'erce   and  the   supremacy  of  the 
seas.     We   are  second  to  England,  indeed ;   but,  nevertheless, 
how  far  are  we  not  behind  her  in  commerce  and  in  extent  of 
empire  !     I  pray  to  know  where  you  will  go  that  you  will  not 
meet  the  flag  of  England  fixed,  planted,  rooted  into  the  very 
earth  ?     If  you  go  northward,  it  waves  over  half  of  this  con 
tinent  of  North  America,  which  we  call  our  own.     If  you  go 
southward,  it  greets  you  on  the   Bermudas,  the   Bahamas,  and 
the  Caribbee  islands.     On  the  Falkland  islands  it  guards  the 
straits  of  Magellan ;   on  the  South  Shetland  island  it  watches 
the  passage  round  the  Horn ;  and  at  Adelaide  island  it  warns 
you  that  you  have  reached  the  Antarctic  circle.     When  you 
ascend  along  the  southwestern  coast  of  America,  it  is  seen  at 
Galopagos,  overlooking  the  isthmus  of  Panama;   and,  having 
saluted  it  there  and  at  Vancouver,  you  only  take  leave  of  it  in 
the  far  northwest,  when  you  are  entering  the  Arctic  ocean.     If 
you  visit  Africa,  you  find  the  same  victorious  cross  guarding  the 
coast  of  Gambia  and  Sierra  Leone  and  St.  Helena.     It  watches 
you  at  Capetown  as  you  pass  into  the  Indian  ocean ;  while  on 
the  northern  passage  to  that  vast  sea  it  demands  your  recog 
nition  from  Gibraltar,  as   you  enter  the  Mediterranean ;   from 
Malta,  when  you  pass  through  the  Sicilian  straits  ;  on  the  Ionian 
islands  it  waves  in  protection  of  Turkey  ;   and  at  Aden  it  guards 
the  passage  from  the  Red  sea  into  the  Indian  ocean.     Wherever 
western  commerce  has  gained  an  entrance  to  the  continent  of 
Asia,  there  that  flag  is  seen  waving  over  subjugated  millions  — 


288  SELECTIONS. 

at  Bombay,  at  Ceylon,  at  Singapore,  at  Calcutta,  at  Lahore, 
and  at  Hong-Kong ;  while  Australia  and  nearly  all  the  islands 
of  Polynesia  acknowledge  its  protection. 

Sir,  I  need  not  tell  you  that  wherever  that  flag  waves,  it  is 
supported  and  cheered  by  the  martial  airs  of  England.  But  I 
care  not  for  that.  The  sword  is  not  the  most  winning  messen 
ger  that  can  be  sent  abroad ;  and  commerce,  like  power,  upheld 
by  armies  and  navies,  may  in  time  be  found  to  cost  too  much. 
But  what  is  to  be  regarded  with  more  concern  is,  that  England 
employs  the  steam-engine  even  more  vigorously  and  more  uni 
versally  than  her  military  force.  Steam-engines,  punctually  de 
parting  and  arriving  between  every  one  of  her  various  possessions 
and  her  island-seat  of  power,  bring  in  the  raw  material  for  every 
manufacture  and  supplies  for  every  want.  The  steam-engine  plies 
incessantly  there  day  and  night,  converting  these  materials  into 
fabrics  of  every  variety,  for  the  use  of  man.  And  again  the  steam- 
engine  for  ever  and  without  rest  moves  over  the  face  of  the 
deep,  not  only  distributing  these  fabrics  to  every  part  of  the  globe, 
but  disseminating  also  the  thoughts,  the  principles,  the  language, 
and  religion  of  England.  Sir,  we  are  bold  indeed  to  dare  com 
petition  with  such  a  power.  Nevertheless,  the  resources  for  it 
are  adequate.  We  have  coal  and  iron  no  less  than  she,  while 
corn,  timber,  cattle,  hemp,  wool,  cotton,  silk,  oil,  sugar,  and  the 
grape,  quicksilver,  lead,  copper,  silver,  and  gold,  are  all  found 
within  our  own  broad  domain  in  inexhaustible  profusion.  What 
energies  we  have  already  expended,  prove  that  we  have  in 
reserve  all  that  are  needful.  What  inventions  we  have  made, 
prove  our  equality  to  any  exigency.  Our  capital  increases,, 
while  labor  scarcely  knows  the  burden  of  taxation.  Our  Panama 
route  to  China  has  a  decided  advantage  over  that  of  the  isthmus 
of  Suez,  and,  at  the  same  time,  vessels  leaving  that  country  and 
coming  round  the  Horn  will  reach  New  York,  always,  at  least 
five  days  sooner  than  vessels  of  equal  speed  can  double  the 
cape  of  Good  Hope,  and  make  the  port  of  Liverpool. 

Mr.  President,  we  now  see  how  conspicuous  a  part  in  the 
great  movement  of  the  age  California  and  Oregon  are  to  sus 
tain,  and  that,  as  yet,  they  are  separated  from  us  and  isolated. 
They  will  adhere  to  us  only  so  long  as  our  government  over 
them  shall  be  conducted,  not  for  our  benefit,  but  for  their  own. 


COMMERCE.  289 

Their  loyalty  is  great,  but  it  can  not  exceed  that  of  the  thirteen 
ancient  American  colonies  to  Great  Britain  ;  and  yet  the  neglect 
and  oppression  of  their  commerce  undermined  that  loyalty,  and 
resulted  in  their  independence.  I  hear  often  of  dangers  to  the 
Union,  and  see  lines  of  threatened  separation  drawn  by  pas 
sionate  men  or  alarmists,  on  parallels  of  latitude  ;  but,  in  my 
judgment,  there  is  only  one  danger  of  severance  —  and  that  is 
involved  in  the  possibility  of  criminal  neglect  of  the  new  com 
munities  on  the  Pacific  coast,  while  the  summits  of  the  Rocky 
mountains,  and  of  the  Snowy  mountains,  mark  the  only  possible 
line  of  dismemberment.  Against  that  danger  I  would  guard  as 
against  the  worst  calamity  that  could  befall,  not  only  my  coun 
try,  at  her  most  auspicious  stage  of  progress,  but  mankind  also, 
in  the  hour  of  their  brightest  hopes.  I  would  guard  against  it 
by  practising  impartial  justice  toward  the  new  and  remote  states 
and  territories,  whose  political  power  is  small,  while  their  wants 
are  great,  and  by  pursuing  at  the  same  time,  with  liberality  and 
constancy,  the  lofty  course  which  they  indicate,  of  an  aspiring 
yet  generous  and  humane  national  ambition.  —  Speech  in  U.S. 
Senate,  July  29,  1852. 


Continental  S^ailr-oaS    to  tfje  pacific    ©cean.  —  £ts   (Commercial 


You  want  first  and  most,  a  communication  which  shall  bind 
New  Orleans,  and  Washington,  and  New  York,  on  the  Atlantic, 
with  San  Francisco,  on  the  Pacific.  The  safety  of  your  country, 
the  safety  of  its  Pacific  posessions,  demands  such  a  communica 
tion  —  not  over  oceans  exposed  to  all  nations,  and  through  a  for 
eign  territory  occupied  by  a  discontented,  aggrieved,  and  prob- 
ablv  hostile  people,  but  inland,  and  altogether  through  your  own 
country.  You  want,  for  your  own  use,  for  your  own  commerce, 
and  for  the  commerce  of  Asia,  a  road  which  shall  have  the  ad 
vantage  of  the  best  Atlantic  and  Pacific  harbors  which  can 
be  obtained,  with  one  continuous  connection  by  land,  so  that 
there  shall  be  no  necessity  for  reshipment  between  the  Atlantic 
and  Pacific  ports  —  not  a  way  between  ports  yet  to  be  artificially 
made,  on  the  Caribbean  sea,  and  on  the  Pacific  coast,  with  chan 
ges  from  land  to  water-carriage  requiring  breaking  of  bulk  at 
least  twice  in  the  course  of  transit. 

13 


290  SELECTIONS. 

If  you  aim  to  erect  a  higli  commercial  structure,  you  must  lay 
your  foundations  broadly  in  agriculture,  in  mining,  and  manu 
facture  ;  and  all  these  within  your  own  domain ;  and  use  the 
resources  which  God  and  nature  have  given  to  you,  and  not  those 
which  Providence  has  bestowed  upon  your  neighbors.  And  yon 
want,  for  the  same  reason,  a  passage  across  the  continent,  of 
your  own,  not  shared  with  any  foreign  domain.  If  you  will 
be  the  carriers  of  Europe  and  of  Asia,  if  you  will  be  the  carriers 
in  even  your  own  interoceanic  commerce,  you  must  receive,  you 
must  convey,  you  must  deliver  merchandise,  within  your  own 
temperate  zone,  not  within  that  torrid  zone  whose  heats  are 
noxious  to  animal  and  vegetable  productions,  and,  while  "so  del 
eterious  to  the  articles  most  abundant  and  most  essential  to  the 
subsistence  of  man,  pestilential  also  to  human  life  itself.  This 
is  the  communication  across  this  continent  which  you  want 
—  Speech  in  U.  S.  Senate,  Feb.  8,  1853. 


MISCELLANEOUS. 


STfje  American  people — STfjctr  floral  an&  Intellectual  Bebelopment 

A  KIND  of  reverence  is  paid  by  all  nations  to  antiquity.  There 
is  no  one  that  does  not  trace  its  lineage  from  the  gods,  or  from 
those  who  were  especially  favored  by  the  gods.  Every  people 
has  had  its  age  of  gold,  or  Augustan  age,  or  heroic  age  —  an  age, 
alas  !  for  ever  passed.  These  prejudices  are  not  altogether  un 
wholesome.  Although  they  produce  a  conviction  of  declining 
virtue,  which  is  unfavorable  to  generous  emulation,  yet  a  people 
at  once  ignorant  and  irreve^ntial  would  necessarily  become 
licentious.  Nevertheless,  such  prejudices  ought  to  be  modified. 
It  is  untrue,  that  in  the  period  of  a  nation's  rise  from  disorder  to 
refinement,  it  is  not  able  to  continually  surpass  itself.  We  see 
the  present  plainly,  distinctly,  with  all  its  coarse  outlines,  its 
rough  inequalities,  its  dark  blots,  and  its  glaring  deformities. 
We  hear  all  its  tumultuous  sounds  and  jarring  discords.  We 
see  and  hear  the  past,  through  a  distance  which  reduces  all  its 
inequalities  to  a  plane,  mellows  all  its  shades  into  a  pleasing  hue, 
and  subdues  even  its  hoarsest  voices  into  harmony.  In  our  own 
case,  the  prejudice  is  less  erroneous  than  in  most  others.  The 
revolutionary  age  was  truly  a  heroic  one.  Its  exigencies  called 
forth  the  genius  and  the  talents  and  the  virtues  of  society,  and 
they  ripened  amid  the  hardships  of  a  long  and  severe  trial.  But 
there  were  selfishness,  and  vice,  and  factions,  then,  as  now,  al 
though  comparatively  subdued  and  repressed.  You  have  only 
to  consult  impartial  history,  to  learn  that  neither  public  faith, 
nor  public  loyalty,  nor  private  virtue,  culminated  at  that  period 


292  SELECTIONS. 

in  our  own  country,*  while  a  mere  glance  at  the  literature,  or 
at  the  stage,  or  at  the  politics,  of  any  European  country,  in  any 
previous  age,  reveals  the  fact  that  it  was  marked,  more  distinctly 
than  the  present,  by  licentious  morals  and  mean  ambition. 

Reasoning  a  priori  again,  as  we  did  in  another  case,  it  is  only 
just  to  infer  in  favor  of  the  United  States  an  improvement 
of  morals  from  their  established  progress  in  knowledge  and  pow 
er  ;  otherwise,  the  philosophy  of  society  is  misunderstood,  and 
we  must  change  all  our  courses,  and  henceforth  seek  safety  in 
imbecility,  and  virtue  in  superstition  and  ignorance. 

What  shall  be  the  test  of  the  national  morals  ?  Shall  it  be 
the  eccentricity  of  crimes  ?  Certainly  not ;  for  then  we  must 
compare  the  criminal  eccentricity  of  to-day  with  that  of  yester 
day.  The  result  of  the  comparison  would  be  only  this,  that  the 
crimes  of  society  change  with  changing  circumstances. 

Loyalty  to  the  state  is  a  public  virtue.  Was  it  ever  deeper- 
toned  or  more  universal  than  it  is  now  ?  I  know  there  are 
ebullitions  of  passion  and  discontent,  sometimes  breaking  out 
into  disorder  and  violence  ;  but  was  faction  ever  more  effectually 
disarmed  and  harmless  than  it  is  now  1  There  is  a  loyalty  that 
springs  from  the  affection  that  we  bear  to  our  native  soil.  This 
we  have  as  strong  as  any  people*  But  it  is  not  the  soil  alone, 
nor  yet  the  soil  beneath  our  feet  and  the  skies  over  our  heads, 
that  constitute  our  country.  It  is  its  freedom,  equality,  justice, 
greatness,  and  glory.  Who  among  us  is  so  low  as  to  be  insensi 
ble  of  an  interest  in  them  ?  Four  hundred  thousand  natives  of 
other  lands  every  year  voluntarily  renounce  their  own  sovereigns, 
and  swear  fealty  to  our  own.  Who  has  ever  known  an  Ameri 
can  to  transfer  his  allegiance  permanently  to  a  foreign  power  ? 

The  spirit  of  the  laws,  in  any  country,  is  a  true  index  to  the 
morals  of  a  people,  just  in  proportion  to  the  power  they  exercise 

"I  onght  not  to  object  to  your  reverence  for  your  fathers,  as  you  call 
them,  meaning,  I  presume,  the  government,  and  those  concerned  in  the  di 
rection  of  public  affairs;  much  less  could  I  be  displeased  at  your  numbering 
me  among  them.  But,  to  tell  you  a.  very  great  secret,  as  far  as  I  am  capa 
ble  of  comparing  the  merits  of  different  periods,  I  have  no  reason  to  believe 
that  we  were  better  than  you  are.  We  had  as  many  poor  creatures  and 
selfish  beings  in  proportion,  among  us,  as  you  have  among  you;  nor  were 
there  then  more  enlightened  men,  or  in  greater  number  in  proportion/ 
than  there  are  now."  —  John  Adainxs  Letter  to  JosiaJi  Qitincy,  Feb.  9,  1811. 


MISCELLANEOUS.  293 

in  making  them.     "Who  complains,  here  or  elsewhere,  that  crime 
or  immorality  blots  our  statute-books  with  licentious  enactments  ? 

The  character  of  a  country's  magistrates,  legislators,  and  cap 
tains,  chosen  by  a  people,  reflect  their  own.  It  is  true  that  in 
the  earnest  canvassing  which  so  frequently  recurring  elections 
require,  suspicion  often  follows  the  magistrate,  and  scandal  fol 
lows  in  the  footsteps  of  the  statesman.  Yet,  when  his  course 
has  been  finished,  what  magistrate  has  left  a  name  tarnished  by 
corruption,  or  what  statesman  has  left  an  act  or  an  opinion  so 
erroneous  that  decent  charity  can  not  excuse,  though  it  may  dis 
approve  ]  What  chieftain  ever  tempered  military  triumph  with 
so  much  moderation  as  he  who,  when  he  had  placed  our  stand 
ard  on  the  battlements  of  the  capital  of  Mexico,  not  only  received 
an  offer  of  supreme  authority  from  the  conquered  nation,  but 
declined  it  ? 

The  manners  of  a  nation  are  the  outward  form  of  its  inner 
life.  Where  is  woman  held  in  so  chivalrous  respect,  and  where 
does  she  deserve  that  eminence  better?  Where  is  property 
more  safe,  commercial  honor  better  sustained,  or  human  life 
more  sacred  ? 

Moderation  is  a  virtue  in  private  and  in  public  life.  Has  not 
the  great  increase  of  private  wealth  manifested  itself  chiefly  in 
widening  the  circle  of  education  and  elevating  the  standard  of 
popular  intelligence  1  With  forces  which,  if  combined  and  di 
rected  by  ambition,  would  subjugate  this  continent  at  once,  we 
have  made  only  two  very  short  wars  —  the  one  confessedly  a 
war  of  defence,  and  the  other  ended  by  paying  for  a  peace  and 
for  a  domain  already  fully  conquered. 

Where  lies  the  secret  of  the  increase  of  virtue  which  has  thus 
been  established  1  I  think  it  will  be  found  in  the  entire  eman 
cipation  of  the  consciences  of  men  from  either  direct  or  indirect 
control  by  established  ecclesiastical  or  political  systems.  Reli 
gious  classes,  like  political  parties,  have  been  left  to  compete  in 
the  great  work  of  moral  education,  and' to  entitle  themselves  to 
the  confidence  and  affection  of  society,  by  the  purity  of  their 
faith  and  of  their  morals. 

I  am  well  aware  that  some,  who  may  be  willing  to  adopt  the 
general  conclusions  of  this  argument,  will  object  that  it  is  not 
altogether  sustained  by  the  action  of  the  government  itself,  how- 


294  SELECTIONS. 

ever  true  it  may  be  that  it  is  sustained  by  the  great  action  of 
society.  I  can  not  enter  a  field  where  truth  is  to  be  sought 
among  the  disputations  of  passion  and  prejudice.  I  may  say, 
however,  in  reply  first,  that  the  governments  of  the  United  States, 
although  more  perfect  than  any  other,  and  although  they  em 
brace  the  great  ideas  of  the  age  more  fully  than  any  other,  are, 
nevertheless,  like  all  other  governments,  founded  on  compro 
mises  of  some  abstract  truths  and  of  some  natural  rights. 

As  government  is  impressed  by  its  constitution,  so  it  must 
necessarily  act.  This  may  suffice  to  explain  the  phenomenon 
complained  of.  But  it  is  true,  also,  that  no  government  ever 
did  altogether  act  out,  purely  and  for  a  long  period,  all  the  vir 
tues. of  its  original  constitution.  Hence  it  is  that  we  are  so  well 
told  by  Bolingbroke,  that  every  nation  must  perpetually  renew 
its  constitution  or  perish.  Hence,  moreover,  it  is  a  great  excel 
lence  of  our  system,  that  sovereignty  resides,  not  in  Congress 
and  the  president,  nor  yet  in  the  governments  of  the  states,  but 
in  the  people  of  the  United  States.  If  the  sovereign  be  just 
and  firm  and  uncorrupted,  the  governments  can  always  be 
brought  back  from  any  aberrations,  and  even  the  constitutions 
themselves,  if  in  any  degree  imperfect,  can  be  amended.  This 
great  idea  of  the  sovereignty  of  the  people  over  their  govern 
ment  glimmers  in  the  British  system,  while  it  fills  our  own  with 
a  broad  and  glowing  light. 

"Let  not  your  king  and  parliament  in  one, 
Much  less  apart,  mistake  themselves  for  that 
Which  is  most  worthy  to  be  thought  upon, 
Nor  think  they  are  essentially  the  STATE. 
Let  them  not  fancy  that  the  authority 
And  privileges  on  them  bestowed, 
Conferred,  are  to  set  up  a  majesty, 
Or  a  power  or  a  glory  of  their  own ; 
But  let  them  know  it  was  for  a  deeper  life 
Which  they  but  represent ; 
That  there's  on  earth  a  yet  auguster  thing, 
Veil'd  though  it  be,  than  parliament  or  king." 

Gentlemen,  you  are  devoted  to  the  pursuit  of  knowledge  in 
order  that  you  may  impart  it  to  the  state.  What  Fenelon  was 
to  France,  you  may  be  to  your  country.  Before  you  teach,  let 
me  enjoin  upon  you  to  study  well  the  capacity  and  the  disposi- 


MISCELLANEOUS.  295 

tion  of  the  American  people.  I  have  tried  to  prove  to  you  only 
that  while  they  inherit  the  imperfections  of  humanity  they  are 
yet  youthful,  apt,  vigorous,  and  virtuous,  and  therefore,  that 
they  are  worthy,  and  will  make  nohle  uses  of  your  best  instruc 
tions.  —  Address,  Yale  College,  New  Haven,  July  26,  1854. 


WHAT  is  the  human  mind  1  It  is  immaterial,  spiritual,  im 
mortal  ;  an  emanation  of  the  Divine  Intelligence,  and  if  the 
frame  in  which  it  dwells  had  preserved  its  just  and  natural  pro 
portions,  and  perfect  adaptation,  it  would  be  a  pure  and  heavenly 
existence.  But  that  frame  is  marred  and  disordered  in  its  best 
estate.  The  spirit  has  communication  with  the  world  without, 
and  acquires  imperfect  knowledge  only  through  the  half-opened 
gates  of  the  senses.  If,  from  original  defects,  or  from  accidental 
causes,  the  structure  be  such  as  to  cramp  or  restrain  the  mind, 
it  becomes  or  appears  to  be  weak,  diseased,  vicious,  and  wicked. 
I  know  one  who  was  born  without  sight,  without  hearing,  and 
without  speech,  retaining  the  faculties  of  feeling  and  smell. 
That  child  was,  and  would  have  continued  to  be  an  idiot,  incapa 
ble  of  receiving  or  communicating  thoughts,  feelings  or  affections  ; 
but  tenderness  unexampled,  and  skill  and  assiduity,  unparalleled, 
have  opened  avenues  to  the  benighted  mind  of  Laura  Bridgman, 
and  developed  it  into  a  perfect  and  complete  human  spirit,  con 
sciously  allied  to  all  its  kindred,  and  aspiring  to  Heaven.  Such 
is  the  mind  of  every  idiot,  and  of  every  lunatic,  if  you  can  only 
open  the  gates,  and  restore  the  avenues  of  the  senses  ;  and  such 
is  the  human  soul  when  deranged  and  disordered  by  disease, 
imprisoned,  confounded,  benighted.  That  disease  is  insanity. 

Doth  not  the  idiot  eat  1  Doth  not  the  idiot  drink  ?  Doth  not 
the  idiot  loiow  his  father  and  his  mother  ?  He  does  all  this  be 
cause  he  is  a  man.  Doth  he  not  smile  and  weep  1  Do  you  think 
he  smiles  and  weeps  for  nothing  ?  He  smiles  and  weeps  because 
he  is  moved  by  human  joys  and  sorrows,  and  exercises  his  reason, 
however  imperfectly.  Hath  not  the  idiot  anger,  rage,  revenge  ? 
Take  from  him  his  food,  and  he  will  stamp  his  feet  and  throw  his 
chains  in  your  face.  Do  you  think  he  doth  this  for  nothing  ? 
He  does  it  all  because  he  is  a  man,  and  because,  however  irnper- 


296  SELECTIONS. 

fectly,  he  exercises  his  reason.  The  lunatic  does  all  this,  and, 
if  not  quite  demented,  all  things  else  that  man,  in  the  highest 
pride  of  intellect  does  or  can  do.  lie  only  does  them  in  a  dif 
ferent  way.  You  may  pass  laws  for  his  government.  Will  he 
conform  1  Can  he  conform  ?  What  cares  he  for  your  laws  1 
He  will  not  even  plead ;  he  can  not  plead  his  disease  in  excuse. 
You  must  interpose  the  plea  for  him,  and  if  you  allow  it,  he, 
when  redeemed  from  his  mental  bondage,  will  plead  for  you 
^'hen  he  shall  return  to  your  Judge  and  his.  If  you  deny  his 
plea,  he  goes  all  the  sooner,  freed  from  imperfection,  and  with 
energies  restored,  into  the  presence  of  that  Judge.  You  must 
meet  him  there,  and  then,  no  longer  hewildered,  stricken  and 
dumb,  he  will  have  become  as  perfect,  clear  and  bright,  as  those 
who  reviled  him  in  his  degradation,  and  triumphed  in  his  ruin. 

And  now  what  is  insanity  ?  Many  learned  men  have  defined 
it  for  us,  but  I  prefer  to  convey  my  idea  of  it  in  the  simplest 
manner.  Insanity  is  a  disease  of  the  body,  and  I  doubt  not  of 
the  brain.  The  world  is  astonished  to  find  it  so.  They  thought 
for  almost  six  thousand  years  that  it  was  an  affection  of  the  mind 
only.  Is  it  strange  that  the  discovery  should  have  been  made 
so  late  ?  You  know  that  it  is  easier  to  move  a  burden  upon  two 
smooth  rails  on  a  level  surface,  than  over  the  rugged  ground. 
It  has  taken  almost  six  thousand  years  to  learn  that.  But  mor 
alists  argue  that  insanity  shall  not  be  admitted  as  a  physical  dis 
ease,  because  it  would  tend  to  exempt  the  sufferer  from  respon 
sibility,  and  because  it  would  expose  society  to  danger.  But 
who  shall  know,  better  than  the  Almighty,  the  wayjs  of  human 
safety,  and  the  bounds  of  human  responsibility  ? 

And  is  it  strange  that  the  brain  should  be  diseased  ?  What 
organ,  member,  bone,  muscle,  sinew,  vessel,  or  nerve,  is  not  sub 
ject  to  disease  1  What  is  physical  man,  but  a  frail,  perishing 
body,  that  begins  to  decay  as  soon  as  it  begins  to  exist  ?  What 
is  there  of  animal  existence  here  on  earth  exempt  from  disease 
and  decay  ?  Nothing.  The  world  is  full  of  disease  and  that 
is  the  great  agent  of  change,  renovation,  and  health. 

And  what  wrong  or  error  can  there  be  in  supposing  that  the 
mind  may  be  so  affected  by  disease  of  the  body  as  to  relieve 
man  from  responsibility  ?  You  will  answer,  it  would  not  be  safe. 
But  who  has  assured  you  of  safety  ]  Is  not  the  way  of  life 


MISCELLANEOUS.  297 

through  dangers  lurking  on  every  side,  and  though  you  escape 
ten  thousand  perils,  must  you  not  fall  at  last  ?  Human  life  is 
not  safe,  nor  intended  to  be  safe,  against  the  elements.  Neither 
is  it  safe,  nor  intended  to  he  safe,  against  the  moral  elements  of 
man's  nature.  It  is  not  safe  against  pestilence,  nor  against  war, 
against  the  thunderbolts  of  heaven,  nor  against  the  blow  of  the 
maniac.  But  comparative  safety  can  be  secured,  if  you  will  be 
wise.  You  can  guard  against  war,  if  you  will  cultivate  peace. 
You  can  guard  against  the  lightning,  if  you  will  learn  the  laws  of 
electricity,  and  raise  the  protecting  rod.  You  will  be  safe  against 
the  maniac,  if  you  will  watch  the  causes  of  madness,  and  remove 
them.  Yet  after  all,  there  will  be  danger  enough  from  all  these 
causes  to  remind  you  that  on  earth  you  are  not  immortal. 

Although  my  definition  would  not  perhaps  be  strictly  accurate 
I  should  pronounce  insanity  to  be  a  derangement  of  the  mind, 
character,  and  conduct,  resulting  from  bodily  disease.  I  take 
this  word  derangement,  because  it  is  one  in  common  every-day 
use.  We  all  understand  what  is  meant  when  it  is  said  that  any 
thing  is  ranged  or  arranged.  The  houses  on  a  street  are  ranged, 
if  built  upon  a  straight  line.  The  fences  on  your  farms  are 
ranged.  A  single  object  too  may  be  ranged.  A  tower,  if  justly 
built,  is  ranged  ;  that  is,  it  is  ranged  by  the  plummet.  It  rises 
in  a  perpendicular  range  from  the  earth.  A  file  of  men  march 
ing  in  a  straight  line  are  in  range.  "  Range  yourselves,  men," 
though  not  exactly  artistical,  is  not  an  uncommon  word  of  com 
mand.  Now  what  do  we  mean  when  we  use  the  word  "  derang 
ed"  ?  Manifestly  that  a  thing  is  not  ranged,  is  not  arranged,  is 
out  of  range.  If  the  houses  on  the  street  be  built  irregularly, 
they  are  deranged.  If  the  walls  be  inclined  to  the  right  or 
left,  they  are  deranged.  If  there  be  an  unequal  pressure  on 
either  side,  the  tower  will  lean,  that  is,  it  will  be  deranged.  If 
the  file  of  men  become  irregular,  the  line  will  be  deranged.  So 
if  a  man  is  insane.  There  was  a  regular  line  which  he  was  pur 
suing  ;  not  the  same  line  which  you  or  I  follow,  for  all  men  pur 
sue  different  lines,  and  every  sane  man  has  his  own  peculiar 
path.  All  these  paths  are  straight,  and  all  are  ranged,  though 
all  divergent.  It  is  easy  enough  to  discover  when  the  street, 
the  wall,  the  tower,  or  the  martial  procession,  is  deranged.  But 
it  is  quite  another  thing  to  determine  when  the  course  of  an  in- 

13* 


298  SELECTIONS. 

dividual  life  lias  become  deranged.  We  deal  not  then  with  geo 
metrical  or  material  lines,  but  with  an  imaginary  line.  We  have 
no  physical  objects  for  landmarks.  We  trace  the  line  backward 
by  the  light  of  imperfect  and  unsatisfactory  evidence,  which 
leaves  it  a  matter  almost  of  speculation  whether  there  has  been 
a  departure  or  not.  In  some  cases,  indeed,  the  task  is  easy.  If 
the  fond  mother  becomes  the  murderer  of  her  offspring,  it  is  easy 
to  see  that  she  is  deranged.  If  the  pious  man,  whose  steps  were 
firm  and  whose  pathway  led  straight  to  heaven,  sinks  without 
temptation  into  criminal  debasement,  it  is  easy  to  see  that  he  is 
deranged.  But  in  cases  where  no  natural  instinct  or  elevated 
principle  throws  its  light  upon  our  research,  it  is  often  the  most 
difficult  and  delicate  of  all  human  investigations  to  determine 
when  a  person  is  deranged. 

We  have  two  tests.  First,  to  compare  the  individual  after 
the  supposed  derangement  with  himself  as  he  was  before.  Sec 
ond,  to  compare  his  course  with  those  ordinary  lines  of  human 
life  which  we  expect  sane  persons,  of  equal  intelligence,  and 
similarly  situated,  to  pursue. 

If  derangement,  which  is  insanity,  mean  only  what  we  have 
assumed,  how  absurd  is  it  to  be  looking  to  detect  whether  mem 
ory,  hope,  joy;  fear,  hunger,  thirst,  reason,  understanding,  wit, 
and  other  faculties,  remain  1  So  long  as  life  lasts  they  never 
cease  to  abide  with  man,  whether  he  pursue  his  straight  and 
natural  way,  or  the  crooked  and  unnatural  course  of  the  lunatic. 
If  he  be  diseased,  his  faculties  will  not  cease  to  act.  They  will 
only  act  differently.  It  is  contended  here  that  the  prisoner  is 
not  deranged  because  he  performed  his  daily  task  in  the  state- 
prison,  and  his  occasional  labor  afterward ;  because  he  grinds 
his  knives,  fits  his  weapons,  and  handles  the  file,  the  axe,  and 
the  saw,  as  he  was  instructed,  and  as  he  was  wont  to  do.  Now, 
the  lunatic  asylum  at  Utica  has  not  an  idle  person  in  it,  except 
the  victims  of  absolute  and  incurable  dementia,  the  last  and 
worst  stage  of  insanity.  Lunatics  arc  almost  the  busiest  people 
in  the  world.  They  have  their  prototypes  only  in  children. 
One  lunatic  will  make  a  garden,  another  drive  the  plough,  anoth 
er  gather  flowers.  One  writes  poetry,  another  essays,  another 
orations.  In  short,  lunatics  eat,  drink,  sleep,  work,  fear,  love, 
hate,  laugh,  weep,  mourn,  die.  They  do  all  things  that  sane 


MISCELLANEOUS.  299 

men  do,  but  do  them  in  some  peculiar  way.  It  is  said,  however, 
that  this  prisoner  has  hatred  and  anger,  that  he  has  remembered 
his  wrongs,  and  nursed  and  cherished  revenge ;  wherefore,  he 
can  not  be  insane.  Cowper,  a  moralist  who  had  tasted  the  bit 
ter  cup  of  insanity,  reasoned  otherwise  :  — 

"But  violence  can  never  longer  sleep 
Than  human  passions  please.     In  ev'ry  heart 
Are  sown  the  sparks  that  kindle  fi'ry  war, 
Occasion  needs  but  fan  them  and  they  blaze, 
The  seeds  of  murder  in  the  breast  of  man." 

Melancholy  springs  oftenest  from  recalling  and  brooding  over 
wrong  and  suffering.  Melancholy  is  the  first  stage  of  madness, 
and  it  is  only  recently  that  the  less  accurate  name  of  monomania 
has  been  substituted  in  the  place  of  melancholy.  Melancholy  is 
the  foster-mother  of  anger  and  revenge. —  Argument  in  Defence 
of  William  Freeman,  July,  1846. 


Kusauttu.— -Some  of  its  Causes  an&  Circumstances. 

ALL  writers  agree,  what  it  needs  not  writers  should  teach, 
that  neglect  of  education  is  a  fruitful  cause  of  insanity.  If 
neglect  of  education  produces  crime,  it  equally  produces  insan 
ity.  Here  was  a  bright,  cheerful,  happy  child,*  destined  to 
become  a  member  of  the  social,  state,  entitled  by  the  principles 
of  our  government  to  equal  advantages  for  perfecting  himself  in 
intelligence,  and  even  in  political  rights,  with  each  of  the  three 
millions  of  our  citizens,  and  blessed  by  our  religion  with  equal 
hopes.  Without  his  being  taught  to  read,  his  mother,  who  lives 
by  menial  service,  sends  him  forth  at  the  age  of  eight  or  nine 
years  to  like  employment.  Reproaches  are  cast  on  his  mother, 
on  Mr.  Warden,  and  on  Mr.  Lynch, "for  not  sending  him  to  school, 
but  these  reproaches  are  all  unjust.  How  could  she,  poor  de 
graded  negress  and  Indian  as  she  was,  send  her  child  to  school  ? 
And  where  was  the  school  to  which  Warden  and  Lynch  should 
have  sent  him  ?  There  was  no  school  for  him.  His  few  and 
wretched  years  date  back  to  the  beginning  of  my  acquaintance 
here,  and  during  all  that  time,  with  unimportant  exceptions, 

*  William  Freeman. — See  p.  99. 


300  SELECTIONS. 

there  lias  been  no  school  here  for  children  of  his  caste.  A  school 
for  colored  children  was  never  established  here,  and  all  the  com 
mon  schools  were  closed  against  them.  Money  would  always 
procure  instruction  for  ni}^  children,  and  relieve  me  from  the 
responsibility.  But  the  colored  children  who  have  from  time  to 
time  been  confided  to  my  charge,  have  been  cast  upon  my  own 
care  for  education.  When  I  sent  them  to  school  with  my  own 
children,  they  were  sent  back  to  me  with  a  message  that  they 
must  be  withdrawn  because  they  were  black,  or  the  school  would 
cease.  Here  are  the  fruits  of  this  unmanly  and  criminal  preju 
dice.  A  whole  family  is  cut  off  in  the  midst  of  usefulness  and 
honors  by  the  hand  of  an  assassin 

Mere  imprisonment  is  often  a  cause  of  insanity.  Four  insane 
persons  have,  on  this  trial,  been  mentioned  as  residing  among 
us,  all  of  whom  became  insane  in  the  stateprison.  Authentic 
statistics  show  that  there  are  never  less  than  thirty  insane  per 
sons  in  each  of  our  two  great  penitentiaries.  In  the  stateprison, 
the  prisoner  was  subjected  to  severe  corporeal  punishment  by 
keepers,  who  mistook  a  decay  of  mind  and  morbid  melancholy 
for  idleness,  obstinacy,  and  malice.  Beaten,  as  he  was,  until 
the  organs  of  his  hearing  ceased  to  perform  their  functions, 
who  shall  say  that  other  and  more  important  organs  connected 
with  the  action  of  his  mind  did  not  become  diseased  through 
sympathy  ?  Such  a  life,  so  filled  with  neglect,  injustice,  and 
severity,  with  anxiety,  pain,  disappointment,  solicitude,  and 
grief,  would  have  its  fitting  conclusion  in  a  madhouse.  If  it 
be  true,  as  the  wisest  of  inspired  writers  hath  said,  "  Verily, 
oppression  maketh  a  wise  man  mad,"  what  may  we  not  ex 
pect  it  to  do  with  a  foolish,  ignorant,  illiterate  man ! 

There  is  proof,  gentlemen,  stronger  than  all  this.  It  is  silent, 
yet  speaking.  It  is  that  idiotic  smile  which  plays  continually 
on  the  face  of  the  maniac.  It  took  its  seat  there  while  he  was 
in  the  statcprison.  In  his  solitary  cell,  under  the  pressure  of 
his  severe  tasks  and  trials  in  the  workshop,  and  during  the 
solemnities  of  public  worship  in  the  chapel,  it  appealed,  although 
in  vain,  to  his  taskmasters  and  his  teachers.  It  is  a  smile,  never 
rising  into  laughter,  without  motive  or  cause  —  the  smile  of 
vacuity.  His  mother  saw  it  when  he  came  out  of  prison,  and 
it  broke  her  heart.  John  Depuy  saw  it  and  knew  his  brother 


MISCELLANEOUS.  801 

was  elemented.  Deborah  Depuy  observed  it  and  knew  him  for 
a  fool.  David  Winner  read  in  it  the  ruin  of  his  friend,  Sally's 
son.  It  has  never  forsaken  him  in  his  later  trials.  He  laughed 
in  the  face  of  Parker,  while  on  confession  at  Baldwinsville.  He 
laughed  involuntarily  in  the  faces  of  Warden  and  Curtis,  and 
Word  en  and  Austin,  and  Bigelow  and  Smith,  and  Brigham  and 
Spencer.  He  laughs  perpetually  here.  Even  when  Van  Ars- 
dale  showed  the  scarred  traces  of  the  assassin's  knife,  and  when 
Helen  Holmes  related  the  dreadful  story  of  the  murder  of  her 
patrons  and  friends,  he  laughed.  He  laughs  while  I  am  plead 
ing  his  griefs.  He  laughs  when  the  attorney-general's  bolts 
would  seem  to  rive  his  heart.  He  will  laugh  when  you  declare 
him  guilty.  When  the  judge  shall  proceed  to  the  last  fatal 
ceremony,  and  demand  what  he  has  to  say  why  the  sentence  of 
the  law  should  not  be  pronounced  upon  him,  although  there 
should  not  be  an  unmoistened  eye  in  this  vast  assembly,  and 
the  stern  voice  addressing  him  should  tremble  with  emotion,  he 
will  even  then  look  up  in  the  face  of  the  court  and  laugh,  from 
the  irresistible  emotions  of  a  shattered  mind,  delighted  and  lost 
in  the  confused  memory  of  absurd  and  ridiculous  associations. 
Follow  him  to  the  scaffold.  The  executioner  can  not  disturb 
the  calmness  of  the  idiot.  He  will  laugh  in  the  agony  of  death. 
Do  you  not  know  the  significance  of  this  strange  and  unnatural 
risibility  ?  It  is  a  proof  that  God  does  not  forsake  even  the 
poor  wretch  whom  Ave  pity  or  despise.  There  are  in  every  hu 
man  memory  a  well  of  joys  and  a  fountain  of  sorrows.  Disease 
opens  wide  the  one,  and  seals  up  the  other,  for  ever.  .  .  . 

That  chaotic  smile  is  the  external  derangement  which  signi 
fies  that  the  strings  of  the  harp  are  disordered  and  broken,  the 
superficial  mark  which  God  has  set  upon  the  tabernacle,  to 
signify  that  its  immortal  tenant  is  disturbed  by  a  divine  and 
mysterious  visitation.  If  you  can  not  see  it,  take  heed  that  the 
obstruction  of  your  vision  be  not  produced  by  the  mote  in  your 
own  eye,  which  you  are  commanded  to  remove  before  you  con 
sider  the  beam  in  your  brother's  eye.  If  you  are  bent  on 
rejecting  the  testimony  of  those  who  know,  by  experience  and 
by  science,  the  deep  affliction  of  the  prisoner,  beware  how  you 
misinterpret  the  handwriting  of  the  Almighty.  —  Argument  in 
Defence  of  William  Freeman,  1846. 


302  SELECTIONS. 


of  tlje 


I  HAVE  heard  the  greatest  of  American  orators  ;  I  have  heard 
Daniel  O'Connell  and  Sir  Robert  Peel  ;  but  I  heard  John  Dcpny 
make  a  speech  excelling  them  all  in  eloquence  :  "  They  have 
made  William  Freeman  what  he  is,  a  brute  beast  ;  they  don't 
make  anything  else  of  any  of  our  people  but  brute  beasts  ;  but 
when  we  violate  their  laws,  then  they  want  to  punish  us  as  if 
we  were  men." 

DEBORAH  DEPUY  is  also  assailed  as  unworthy  of  credit.  She 
calls  herself  the  wife  of  Hiram  Depuy,  with  whom  she  has  lived 
ostensibly  in  that  relation  for  seven  years,  in,  I  believe,  unques 
tioned  fidelity  to  him  and  her  children.  But  it  appears  that  she 
has  not  been  married  with  the  proper  legal  solemnities.  If  she 
were  a  white  woman,  I  should  regard  her  testimony  with  caution, 
but  the  securities  of  marriage  are  denied  to  the  African  race  over 
more  than  half  of  this  country.  It  is  within  our  own  memory 
that  the  master's  cupidity  could  divorce  husband  and  wife  within 
this  state,  and  sell  their  children  into  perpetual  bondage.  Since 
the  act  of  emancipation  here,  what  has  been  done  by  the  white 
man  to  lift  up  the  race  from  the  debasement  into  which  he  had 
plunged  it  1  Let  us  impart  to  negroes  the  knowledge  and  spirit 
of  Christianity,  and  share  with  them  the  privileges,  dignity  and 
hopes  of  citizens  and  Christians,  before  we  expect  of  them  purity 
and  self-respect. 

But,  gentlemen,  even  in  a  slave  state,  the  testimony  of  this 
witness  would  receive  credit  in  such  a  cause,  for  negroes  may 
be  witnesses  there,  for  and  against  persons  of  their  own  caste. 
It  is  only  when  the  life,  liberty,  or  property  of  the  white  man 
is  invaded,  that  the  negro  is  disqualified.  Let  us  not  be  too  se 
vere.  There  was  once  upon  the  earth  a  Divine  Teacher  who 
shall  come  again  to  judge  the  world  in  righteousness.  They 
brought  to  him  a  woman  taken  in  adultery,  and  said  to  him  that 
the  law  of  Moses  directed  that  such  should  be  stoned  to  death, 
and  he  answered  :  "  Let  him  that  is  without  sin  cast  the  first 
stone." 

The  testimony  of  SALLY  FREEMAN,  the  mother  of  the  pris 
oner,  is  questioned.  She  utters  the  voice  of  NATURE.  She  is 


MISCELLANEOUS.  303 

the  guardian  whom  God  assigned  to  study,  to  watch,  to  learn,  to 
know  what  the  prisoner  was,  and  is,  and  to  cherish  the  memory 
of  it  for  ever.  She  could  not  forget  it  if  she  would.  There  is 
not  a  blemish  on  the  person  of  any  one  ofr  us,  born  with  us  or 
coming  from  disease  or  accident,  nor  have  we  committed  a  right 
or  wrong  action,  that  has  not  been  treasured  up  in  the  memory 
of  a  mother.  Juror  !  roll  up  the  sleeve  from  your  manly  arm 
and  you  will  mid  a  scar  there  of  which  you  know  nothing.  Your 
mother  will  give  you  the  detail  of  every  day's  progress  of  the 
preventive  disease.  —  Sally  Freeman  has  the  mingled  blood  of 
the  African  and  Indian  races.  She  is  nevertheless  a  woman,  and 
a  mother,  and  nature  bears  witness  in  every  climate  and  in  every 
country,  to  the  singleness  and  uniformity  of  those  characters.  I 
have  known  and  proved  them  in  the  hovel  of  the  slave,  and  in 
the  wigwam  of  the  Clrippewa,  But  Sally  Freeman  has  been 
intemperate.  The  while  man  enslaved  her  ancestors  of  the  one 
race,  exiled  and  destroyed  those  of  the  other,  and  debased  them 
all  by  corrupting  their  natural  and  healthful  appetites.  She 
comes  honestly  by  her  only  vice.  Yet  when  she  comes  here  to 
testify  for  a  life  that  is  dearer  to  her  than  her  own,  to  say  she 
knows  her  own  son,  the  white  man  says  she  is  a  drunkard  !  May 
Heaven  forgive  the  white  man  for  adding  this  last,  this  cruel 
injury  to  the  wrongs  of  such  a  mother !  Fortunately,  gentle 
men,  her  character  and  conduct  are  before  you.  No  woman 
ever  appeared  with  more  sobriety,  decency,  modesty,  and  pro 
priety,  than  she  has  exhibited  here.  No  witness  has  dared  to 
say  or  think  that  Sally  Freeman  is  not  a  woman  of  truth.  A 
witness  for  the  prosecution,  who  knows  her  well,  says,  that  with 
all  her  infirmities  of  temper  and  of  habit,  Sally  "  was  always  a 
truthful  woman."  The  Roman  Cornelia  could  not  have  claimed 
more.  Let  then  the  stricken  mother  testify  for  her  son. 
"  I  ask  not,  I  care  not,  if  guilt's  in  that  heart, 

I  know  that  I  love  thee,  whatever  thou  art!" 

The  circumstances  under  which  this  trial  closes  are  peculiar. 
I  have  seen  capital  cases  where  the  parents,  brothers,  sisters, 
friends  of  the  accused  surrounded  him,  eagerly  hanging  upon 
the  lips  of  his  advocate,  and  watching,  in  the  countenances  of 
the  court  and  jury,  every  smile  and  frown  which  might  seem  to 
indicate  his  fate.  But  there  is  no  such  scene  here.  The  pris- 


304  SELECTIONS. 

oner,  though  in  the  greenness  of  youth,  is  withered,  decayed, 
senseless,  almost  lifeless.  He  has  no  father  here.  The  descen 
dant  of  slaves,  that  father  died  a  victim  to  the  vices  of  a  supe 
rior  raco.  There  is  no  mother  here,  for  her  child  is  stained  and 
polluted  with  the  blood  of  mothers  and  of  a  sleeping  infant  ;  and 
he  "  looks  and  laughs  so  that  she  can  not  bear  to  look  upon  him." 
There  is  no  brother,  nor  sister,  nor  friend  here.  Popular  rage 
against  the  accused  has  driven  them  hence,  and  scattered  his 
kindred  and  people.  On  the  other  side,  I  notice  the  aged  and 
venerable  parents  of  Van  Nest  and  his  surviving  children,  and 
all  around  are  mourning  and  sympathizing  friends.  I  know  not 
at  whose  instance  they  have  come.  I  dare  not  say  they  ought 
not  to  be  here.  But  I  must  say  to  you  that  we  live  in  a  Chris 
tian  and  not  in  a  savage  state,  and  that  the  affliction  which  has 
fallen  upon  these  mourners  and  us,  was  sent  to  teach  them  and 
us  mercy  and  not  retaliation  ;  that,  although  we  may  send  this 
maniac  to  the  scaffold,  it  will  not  recall  to  life  the  manly  form 
of  Van  Nest,  nor  re-animate  the  exhausted  frame  of  that  aged 
matron,  nor  restore  to  life,  and  grace,  and  beauty,  the  murdered 
mother,  nor  call  back  the  infant  boy  from  the  arms  of  his  Savior. 
Such  a  verdict  can  do  no  good  to  the  living,  and  carry  no  joy 
to  the  dead.  —  Argument  in  Defence  of  William  Freeman,  1846. 


of  an  ©nonDeuja  <£ijtcf. 

GREAT  FATHER  :  Your  children,  the  Onondagas,  have  sent 
me  to  you,  and  they  ask  you  to  open  your  ears  to  me,  and  hear 
the  talk  which  they  have  sent  by  me  to  you.  .  .  . 

Father  :  you  are  young  in  years  ;  we  hope  you  are  old  in 
counsel  —  so  our  white  brethren  tell  us,  and  we  believe  it.  And 
your  red  children  would  like  to  know  what  is  your  mind,  and 
whether  it  is  like  our  other  white  fathers,  who  have  sat  in  coun 
cil  before  you  at  the  great  council-fire  in  Albany,  and  who  are 
now  dead.  .  .  . 

Father  :  Listen  once  more.  The  chiefs,  and  warriors,  and 
women  of  the  Onondagas  have  had  a  long  council  —  a  talk  of 
three  days  ;  and  their  request  to  their  father  is,  that  he  will  shut 
his  ears,  shake  his  head,  and  turn  his  face  away  from  all  talk  to 
him  about  the  sale  of  the  lands  of  the  Onondagas.  We  know 


MISCELLANEOUS. 

he  can  do  it,  and  drive  them  away  —  preserve  the  nation  in 
peace  —  keep  them  together  in  friendship  —  and  not  scatter 
them  like  the  Oneidas. 

We  now  make  our  last  request.  Will  our  father  think  of  the 
talk  which  his  red  children  have  now  sent  him  ]  Will  he  send 
them  his  mind  ?  Will  he  remember  his  children  of  the  Ononda 
gas,  as  our  white  fathers  have  done,  and  let  them  continue  to 
lie  under  his  shade,  as  they  have  done  under  the  shade  of  their 
white  fathers  before  him  ?  Will  he  also  be  a  father  to  them, 
and  send  them  his  mind.  1  This  is  all  that  is  sent  by  me,  and  I 
have  done. 

(Gobevnov  SctoavU's   Ivqpln. 

I  HAVE  considered  the  talk  you  have  made  to  me  in  behalf 
of  the  sachems,  chiefs,  and  warriors  of  the  Onondngas.  I  am 
sorry  to  hear  that  the  avarice  of  white  men  and  the  discontent 
of  red  men  have  excited  alarms  among  your  people.  I  rejoice, 
and  all  good  white  men  rejoice,  to  hear  that  the  Onondagas  have 
determined  to  banish  the  use  of  strong  water  —  that  they  assume 
the  habits  and  customs  of  civilized  life,  cultivate  their  lands,  pos 
sess  oxen  and  horses,  and  desire  to  remain  in  the  land  of  their 
brave  and  generous,  though  unfortunate  forefathers. 

Why  should  the  Onondagas  exchange  their  homes  among  us 
for  the  privations  of  the  wilderness  in  the  for  west  1  They 
are  a  quiet,  inoffensive,  and  improving  people.  The  public  wel 
fare  does  not  require  that  they  should  be  banished  from  their 
native  land.  Although  individuals  often  improve  their  fortunes 
by  emigration,  the  removal  of  a  whole  community  is  always 
followed  by  calamity  and  distress.  With  temperance,  industry, 
and  education,  the  Onondagas  may  be  comfortable  and  happy, 
and  in  time  they  may  become  good  citizens  of  the  state. 

White  men  ought  to  be  just  and  generous  to  your  race.  In 
dians,  but  a  few  years  ago,  possessed  all  this  broad  domain.  Now 
the  white  men  own  all,  except  the  small  parcels  which  have  been 
reserved  as  a  home  for  the  remnants  of  the  Indian  tribes.  There 
is  one  common  Father  of  all  mankind.  Although  his  ways  are 
inscrutable,  we  know  that  his  benevolence  extends  to  all  his 
children  alike,  and  his  blessings  rest  upon  those  who  protect  the 
defenceless  and  succor  the  unfortunate. 


306 


SELECTIONS. 


Say  to  your  people  that  I  heard  their  message  with  attention  ; 
that  I  approve  their  determination  to  retain  their  lands  and 
remain  under  the  protection  of  the  state  ;  that,  so  far  as  depends 
upon  my  exertions,  the  treaties  made  with  them  shall  be  faith 
fully  kept  ;  that  if  white  men  seek  to  obtain  their  lands  by 
force  or  fraud,  I  will  set  my  face  against  them;  if  red  men 
propose  to  sell  the  lands,  I  will  expostulate  with  them,  and 
endeavor  to  convince  them  of  their  error,  and  that  I  will  in  no 
event^  consent  to  such  sale,  except  with  the  free,  and  unbought, 
and  uncorrupted  consent  of  the  chiefs,  head  men,  warriors,  and 
people  of  the  Onondagas,  and  not  even  then  without  an  effort 
to  persuade  them  that  their  true  happiness  would  be  pro 
moted  by  retaining  their  possessions,  cultivating  their  lands, 
and  enjoying  the  comforts  with  which  our  common  Father 
has  surrounded  them.  The  Onondagas  may  confide  in  me.  — 
Albany,  March  6,  1840. 


Setter—  Hqptfl  to  tljc  (EoloretJ  Otttfrens  of  Sllfianv, 

IF  prejudice,  interest,  and  passion,  did  sometimes  counsel  me 
that  what  seemed  to  be  the  rights  of  the  African  race  might  be 
overlooked  without  compromise  of  principle,  and  even  with  per 
sonal  advantage,  yet  I  never  have  been  able  to  find  a  better 
definition  of  equality  than  that  which  is  contained  in  the  Dec 
laration  of  Independence,  or  of  justice,  than  the  form  which  our 
religion  adopts.  If,  as  the  former  asserts,  all  men  are  born  free 
and  equal,  institutions  which  deny  them  equal  political  rights 
and  advantages  are  unjust,  and  if  I  would  do  unto  others  as  I 
would  desire  them  to  do  unto  me,  I  should  not  deny  them  any 
right  on  account  of  the  hue  they  wear,  or  of  the  land  in  which 
they  or  their  ancestors  were  born. 

Only  time  can  determine  between  those  who  have  upheld,  and 
those  who  have  opposed  the  measures  to  which  you  have  ad 
verted.  But  I  feel  encouraged  to  wait  that  decision,  since,  in 
the  moment  when,  if  ever,  reproaches  for  injustice  should  come, 
the  exile  does  not  reproach  me,  the  prisoner  does  not  exult  in 
my  departure,  and  the  disfranchised  and  the  slave  greet  me 
with  their  salutations.  And  if  every  other  hope  of  my  heart 
shall  fail,  the  remembrance  that  I  have  received  the  thanks  of 


MISCELLANEOUS.  307 

those  who  have  just  cause  to  upbraid  the  memory  of  our  fore 
fathers,  and  to  complain  of  our  contemporaries,  will  satisfy  me 
that  I  have  not  lived  altogether  in  vain. 

May  that  God  whose  impartial  love  knows  no  difference 
among  those  to  whom  he  has  imparted  a  portion  of  his  own 
spirit,  and  upon  whom  he  has  impressed  his  own  image,  reward 
you  for  your  kindness  to  me  now  and  in  times  past,  and  sanc 
tion  and  bless  your  generous  and  noble  efforts  to  regain  all  the 
rights  of  which  you  have  been  deprived.  —  Jan.  10,  1843. 


System—  3£Ufovms 

I  AM  aware  that  the  amendments  I  have  submitted  are  such 
an  innovation  upon  the  existing  militia  system,  as  to  require,  if 
not  an  apology  for  offering  them,  at  least  an  explanation  of  the 
necessity  for  a  change  of  some  kind.  Complaints  long  and  loud 
have  been  made  of  the  defects  of  the  system,  and  the  oppressive 
burden  it  imposes  upon  the  people  ;  these  complaints  have,  at 
length,  reached  the  executive  ear,  and  have  drawn  from  the 
governor  a  recommendation  to  the  consideration  of  the  legis 
lature.  I  do  not  know  that  I  should  have  ventured  to  suggest 
the  amendments,  had  not  the  committee  of  the  senate,  after  ma 
ture  deliberation,  reported  a  bill  which  can  be  regarded  in  no 
other  light  but  as  going  immediately  to  change  the  whole  sys 
tem,  and,  in  the  result,  to  abolish  it.  This  bill  originates  in  the 
deep  conviction,  I  doubt  not,  of  the  committee,  that  some  law 
must  be  proposed  to  relieve  the  people  from  the  trouble  of  mili 
tary  duty  under  the  present  organization.  I  confess  that  it  is 
not  my  object  to  destroy  the  system  ;  but,  at  the  same  time, 
that  I  would  relieve  the  people  from  the  burden  it  imposes  —  I 
would,  if  possible,  preserve  and  improve  the  militia,  and  would 
elevate  it  so  that  it  might  be  what  it  ought  to  be  —  the  ornament 
of  the  country,  and  the  safeguard  of  the  rights  and  liberties  of 
the  people. 

*      .     *  *  «•  *•  *  #  *  *•  * 

I  propose  as  a  remedy  for  the  evils  I  have  mentioned  — 

1st.  To  reduce  the  number  of  the  militia  who  shall  be  required 

to  perform  military  duty,  to  some  much  smaller  number  —  say 

fifty  thousand,  sixty  thousand,  or  seventy  thousand  ;    the  last 

*  This  appears  to  have  been  Mr.  Seward's  first  parliamentary  effort.  —  ED. 


808  SELECTIONS. 

being,  I  believe,  about  the  number  of  uniformed  troops,  in  the 
present  organization,  and  I  would,  I  confess,  prefer  to  sustain 
those  whose  public  spirit  and  military  ardor  have  induced  them 
to  assume  their  present  organization. 

2d.  To  make  the  performance  of  military  duty  voluntary,  as 
far  as  practicable. 

This  force,  if  it  consist  of  but  fifty  thousand  men,  may  be 
subdivided  into  five  divisions,  ten  brigades,  fifty  regiments,  and 
five  hundred  companies.  After  what  I  fear  has  been  a  tedious 
detail  of  the  evils  and  defects  of  the  present  system,  it  will  be 
necessary  to  state,  but  very  briefly,  the  advantages  of  the  pro 
posed  system.  They  would  be — that  the  force  could  be  well 
and  easily  organized.  It  could  be  uniformed  —  disciplined  to 
some  considerable  extent ;  not  only  the  officers,  but  the  troops 
could  be  improved  in  military  skill.  All  this  could  be  done, 
because  there  are  nearly,  if  not  quite,  the  requisite  number  of 
young  men,  who  would  be  able  and  willing  to  encounter  the 
expense  of  filling  up  the  ranks.  And  if  necessary  that  legisla 
tive  encouragement  should  be  afforded,  it  could  be  done  to  any 
requisite  extent  at  much  less  expense  than  is  now  drawn  from 
the  yeomanry  of  the  country  to  sustain  the  present  'defective 
system.  Men  would  then  seek  and  obtain  the  offices  in  the 
militia,  who  would  have  the  ability  and  spirit  necessary  for  the 
discharge  of  the  important  duties  attached  to  them. 

Adopt  such  a  system,  and  I  feel  assured  that  the  militia, 
instead  of  being  degraded,  ridiculed,  and  despised,  will  be  re 
spected,  honored,  and  valued  ;  men  enough  will  volunteer  to  take 
its  most  subordinate  ranks,  from  the  patriotic  desire  to  be  among 
those  upon  whom  the  republic  will  rely  for  its  defenders,  and 
from  the  honorable  ambition  for  military  promotion 

Finally,  the  time  has  come  to  decide  whether  the  militia  sys 
tem  shall  be  preserved  or  abandoned.  It  can  be  no  longer 
maintained  without  radical  alteration  and  amendment.  And 
though  members  may  wish  to  preserve  it,  they  will  find  it  as 
hopeless  as  the  attempt  to  retain  the  snow  which  melts  more 
rapidly  with  the  pressure  of  the  hand. 

I  have  looked  upon  the  system  with  veneration,  while  I  have 
felt  and  acknowledged  the  justice  of  the  popular  complaint  against 
it ;  and,  under  the  influence  of  mingled  solicitude  arising  from  both 


MISCELLANEOUS.  809 

these  causes,  I  have  long  endeavored  to  find  a  remedy  for  the 
evils  I  have  mentioned.  Of  all  which  I  have  imagined  and  heard 
suggested,  this  appears  td  me  most  feasible,  as  well  as  most  likely 
to  be  effectual.  It  is  with  a  degree  of  diffidence  I  have  ven 
tured  to  give  my  views  on  the  subject,  which  only  can  be  over 
come  by  a  sense  of  my  responsibility,  before  I  can  give  a  vote 
which  will  go  to  the  eventual  abolition  of  the  system ;  to  offer 
the  best  exertion  in  my  power  to  procure  it,  and,  at  the  same 
time,  to  meet  the  requirements  of  the  people.  I  have  always 
felt  that  the  militia  system  is  a  relic  of  the  age  of  the  Revolu 
tion  too  valuable  to  be  idly  thrown  away  ;  that  it  is  a  strong 
and  beautiful  pillar  of  the  government  which  ought  not  to  be 
rudely  torn  from  its  base.  But  if  no  effectual  remedy  can  be 
found  in  legislative  wisdom,  I  shall  feel  myself  bound,  though 
with  reluctance,  to  vote  at  all  hazards  for  such  a  bill  as  will 
redress  the  evils  the  system  imposes,  and  to  trust  to  the  exigen 
cies  of  invasion,  insurrection,  or  oppression,  for  a  regeneration 
of  the  military  spirit  which  brought  the  nation  into  existence, 
and  will,  if  restored  in  its  primitive  purity  and  vigor,  be  able  to 
carry  us  through  the  dark  and  perilous  ways  of  national  calam 
ity  yet  unknown  to  us,  but  which  must,  at  some  time,  be  trod 
den  by  all  nations. — Speech  in  N.  Y.  Senate,  Feb.  11,  1831. 

£J)c  ftuMic  Bomain  — £f)c  ?i}omestcati  principle. 

THE  aggregate  quantity  of  the  national  estate  is  fifteen 
hundred  and  eighty-four  millions  of  acres ;  of  which,  one  hun 
dred  and  thirty-four  millions  have  been  definitely  appropri 
ated,  and  there  remain,  including  appropriations  not  yet  perfect 
ed,  fourteen  hundred  and  fifty  millions  of  acres. 

Using  only  round  numbers,  these  lands  are  distributed  among 
the  states  and  territories  as  follows  :  — 

Acres. 

In  Ohio 745,000 

Indiana 2,751,000 

Illinois 14,060,000 

Missouri 29,21 6,000 

Alabama 17,238,000 

Mississippi 14,308,000 

Louisiana 22,854,000 

Michigan 24,8<U,OGO 


310  SELECTIONS. 

Arkansas 27,402,000 

Florida 31,801,000 

Iowa 27,153,000 

Wisconsin 26,321,000 

Minnesota 56,000,000 

Northwest  Territory 376,000,000 

Oregon  Territory. , 218,536,000 

Nebraska  Territory 87,488,000 

Indian  Territory 110,789,000 

California  and  Utah 287,162,000 

New  Mexico 49,727,000 

The  domain  came  to  the  United  States  encumbered  with  a 
right  of  possession  by  Indian  tribes,  which  we  are  gradually  ex 
tinguishing  by  purchase,  as  the  necessities  of  advancing  popula 
tion  require. 

At  the  establishment  of  the  federal  government,  the  United 
States  suffered  from  exhaustion  by  war,  and  labored  under  the 
pressure  of  a  great  national  debt,  while  they  were  obliged  to 
make  large  expenditures  for  new  institutions,  and  to  prepare  for 
defence  by  land  and  by  sea.  They  therefore  adopted  a  policy 
which  treated  the  domain  merely  as  a  fund  or  source  of  revenue. 
They  divided  it  into  townships,  sections,  and  quarter-sections, 
and  offered  it  at  public  sale,  at  a  minimum  price  of  two  dollars 
per  acre,  on  credit,  and  subsequently  at  private  sale,  on  the  same 
terms.  In  1S20,  they  abolished  the  credit  system,  and  reduced 
the  price  to  one  dollar  and  twenty-five  cents  per  acre.  In 
1833,  they  recognised  a  right  of  pre-emption  in  favor  of  actual 
occupants ;  and  the  system,  as  thus  modified,  still  remains  in 
form  upon  our  statute-book.  The  United  States,  however,  have, 
at  different  times,  made  very  different  dispositions  of  portions 
of  the  domain.  Thus  there  have  been  appropriated  to  the  new 
states  and  territories,  for  purposes  of  internal  improvement,  for 
saline  reservations,  for  the  establishment  of  seats  of  government 
and  public  buildings,  and  for  institutions  of  education,  as  follows : 

Acres. 

To  Ohio 1,847,575 

Indiana 2,331,690 

Illinois 1,649,024 

Missouri 1,793,748 

Alabama 1,473,994 

Mississippi 1,384,944 


MISCELLANEOUS.  311 

Louisiana 1,332,124 

Michigan 1,674,598 

Arkansas 1,489,220 

Wisconsin 217,920 

Iowa 46,720 

Florida 1,553,635 

Besides  these  appropriations,  the  senate  will  at  once  recall 
several  acts  of  Congress,  which  surrendered,  in  the  whole,  sev 
enty-nine  millions  of  acres  for  bounties  in  the  Mexican  war, 
bounties  in  the  war  of  1812,  subsequent  gratuities  to  the  soldiers 
in  the  same  war  and  in  Indian  wars,  cessions  of  swamp  lands  to 
new  states,  and  for  the  construction  of  a  railroad  from  Chicago 
to  Mobile,  and  other  internal  improvements,  none  of  which  last- 
named  cessions  have  }7et  been  located. 

The  aggregate  of  revenues  derived  from  the  public  domain  is 
one  hundred  and  thirty-five  millions  three  hundred  and  thirty- 
nine  thousand  ninety-three  dollars  and  ninety-three  cents,  show 
ing  an  annual  average  revenue  of  one  and  a  quarter  million  of 
dollars  since  the  system  of  sales  was  adopted. 

Mr.  President,  I  think  the  time  is  near  at  hand  when  the 
United  States  will  find  it  expedient  to  review  their  policy,  and 
to  consider  the  following  principles  : — 

First.  That  lands  shall  be  granted  in  limited  quantities,  gra 
tuitously,  to  actual  cultivators  only. 

Second.  That  the  possessions  of  such  grantees  shall  be  secured 
against  involuntary  alienation. 

Third.  That  the  United  States  shall  relinquish  to  the  states 
the  administration  of  the  public  lands  within  their  limits. 

If  the  public  lands  were  movable  merchandise,  price  would  be 
the  principal,  if  not  the  only  subject  of  inquiry.  On  the  contra 
ry,  it  is  only  the  money  received  by  the  government  on  sales 
that  perishes  or  passes  away.  The  lands  remain  fixed  just  where 
they  were  before  the  sale,  and  they  constitute  a  part  of  the  ter 
ritory  subject  to  municipal  administration  as  much  after  sale  as 
before.  The  possessors  of  the  land  sold  become  soon,  if  not  im 
mediately,  citizens,  and  they  will  ultimately  be  a  majority  of 
the  whole  population  of  the  country,  supporting  the  government 
by  their  contributions,  maintaining  it  by  their  arms,  and  wield 
ing  it  for  their  own  and  the  general  welfare.  To  look,  then,  at 
this  subject  merely  with  reference  to  the  revenue  that  might  be 


312  SELECTIONS. 

derived  from  the  sale  of  the  lands,  would  be  to  commit  the  fault 
of  that  least  erected  spirit  that  fell  from  heaven,  whose 

"Looks  arid  thoughts 

Were  always  downward  bent,  admiring  more 
The  riches  of  Heaven's  pavement,  trodden  gold, 
Than  aught  divine,  or  holy,  else  enjoyed." 

All  will  admit  —  all  do  admit — that  the  power  over  the  domain 
should  he  so  exercised  as  to  favor  the  increase  of  population,  the 
augmentation  of  wealth,  the  cultivation  of  virtue,  and  the  diffu 
sion  of  happiness 

Commercial  supremacy  demands  just  such  an  agricultural  basis 
as  the  fertile  and  extensive  regions  of  the  United  States,  when 
inhabited,  will  supply.  Political  supremacy  follows  commercial 
ascendency.  It  was  by  reason  of  the  want  of  just  such  an  agri 
cultural  basis  that  Venice,  Portugal,  and  Holland,  successively 
lost  commerce  and  empire.  It  was  for  the  purpose  of  securing 
just  such  a  basis,  that  France,  England,  and  Spain,  seized  so 
eagerly  and  held  so  tenaciously  the  large  portions  of  this  conti 
nent  which  they  respectively^  occupied.  It  was  for  the  purpose 
of  supplying  the  loss  of  this  basis,  that  England  has,  within  the 
last  seventy  years,  extended  her  conquests  over  a  large  portion 
of  India. 

We  now  possess  this  basis,  and  all  that  we  need  is  to  develop 
its  capabilities  as  fully  and  as  rapidly  as  possible.  Nor  ought 
we  to  overlook  another  great  political  interest.  Mutual  jeal 
ousies  delayed  a  long  time  the  establishment  of  the  Union  of 
these  states,  and  have  ever  since  threatened  its  dissolution.  It 
is  apparent  that  the  ultimate  security  for  its  continuance  is  found 
in  the  power  of  the  states  established,  and  hereafter  to  be  es 
tablished,  on  the  public  domain.  Those  new  and  vigorous  com 
munities  continually  impart  new  life  to  the  entire  commonwealth, 
while  the  absolute  importance  of  free  access  to  the  ocean  will 
secure  their  loyalty,  even  if  the  fidelity  of  the  Atlantic  states 
shall  fail.  Such  as  these,  sir,  may  have  been  some  of  the  con 
siderations  that  induced  Andrew  Jackson  so  long  ago  to  declare 
his  opinion,  that  the  time  was  not  distant  when  the  public  do 
main  ought  to  cease  to  be  regarded  as  a  source  of  revenue. 
Such  considerations  may  have  had  some  influence  with  the  late 
distinguish od  senator  from  South  Carolina  [J.  C.  CALITOUX],  to 


MISCELLANEOUS.  4  313 

propose  a  release  of  the  public  domain  to  the  states,  on  their 
paying  a  small  per  centum  of  revenue  to  the  United  States  ; 
and  we  are  at  liberty  to  suppose  that  a  course  of  reasoning  not 
entirely  unlike  this,  brought  that  eminent  statesman,  who  is  now 
secretary  of  state  [DANIEL  WEBSTER]  to  propose  here,  a  year 
ago,  a  gratuitous  appropriation  of  the  public  domain  to  actual 
settlers.  —  Speech  in  U.  S.  Senate,  Feb.  27,  1851. 


THE  inhabitants  of  tli^  banks  of  the  Nile  have  a  tradition  that 
the  greatest  of  the  Egyptian  pyramids  was  built  by  the  antedi 
luvians,  and  they  venerate  that  great  obelisk  as  the  only  wwk 
of  that  mighty  race  that  has  withstood  the  floods  that  changed 
and  deformed  the  face  of  nature.  Something  like  this  is  the 
reverence  I  feel  toward  the  whig  party.  It  was  erected  not 
this  year,  nor  a  few  years  ago.  Its  foundations  were  laid  and 
its  superstructure  reared  by  the  mighty  men  of  ages  now  re 
mote  —  by  the  Hampdens,  the  Sidneys,  the  Vanes,  and  the  Mil- 
tons  —  by  the  presbyterians,  the  puritans,  the  republicans,  the 
whigs,  of  England  —  those  who  first  secured  the  responsibility 
of  kings  by  bringing  the  tyrant  Charles  to  the  block,  and  the 
inviolability  of  parliaments  by  erecting,  even  in  England,  Scot 
land,  and  Ireland,  a  commonwealth.  Then  and  there  arose  the 
whig  party  —  that  party  which  now,  under  whatever  name,  in 
every  civilized  country,  advocates  the  cause  of  constitutional, 
representative  government,  with  watchful  jealousy  of  executive 
power.  Of  that  race,  who  feared  only  God,  and  loved  liberty, 
were  the  founders  of  Virginia  and  of  New  England  ;  and  the 
catholic  founders  of  Maryland  and  the  peaceful  settlers  of 
Pennsylvania  were  worthy  associates  with  them.  Here  they 
established  governments  of  which  Europe  was  not  worthy,  and 
to  perpetuate  them  they  founded  institutions  for  the  education 
of  children  and  for  the  worship  of  God. 

Thus  early  was  promulgated  the  pure  whig  creed  —  equal 
popular  representative  government,  jealousy  of  executive  power, 
the  education  of  children,  and  the  worship  of  God.  "When  the 
prosperity  of  these  colonies  excited  the  cupidity  of  the  parent- 
state,  and  the  king  and  parliament  invaded  the  lights  of  the 

14 


314  ^  SELECTIONS. 

American  people,  there  were  two  parties  as  there  always  have 
been  since,  and  always  will  be  hereafter.  One  of  them  adhered 
to  the  colonies  through  perils  of  confiscation  and  death — the 
other  clung  to  the  throne  of  England.  The  one  was  whig — and 
the  other  was  —  I  will  not  call  a  name  that  the  error  of  ultra 
loyalty  then  rendered  odious,  and  thenceforth  and  for  ever  infa 
mous.  I  desire  to  be  understood.  I  by  no  means  impute  to 
our  opponents  that  they  have  succeeded  to  the  loyalists  of  the 
Involution.  I  aver  solemnly  my  belief  that,  as  a  general  truth, 
all  men  of  all  parties  are  alike  honest  and  patriotic  citizens,  and 
seek  their  country's  good  alone.  Political  life  would  have  been 
unprofitable  indeed  if  it  had  not  taught  me  the  virtue  of  candor 
in  fudging  others,  as  well  as  the  great  error  of  always  expecting 
candor  in  their  judgments  on  myself.  *  *  *  * 

Which,  then,  is  the  whig  party  1  which  the  republican  ?  which 
the  true  democratic  party  —  the  party  of  liberty,  of  equality,  of 
humanity  —  the  party  of  hope,  of  progress,  and  of  civilization? 
Let  the  history  of  the  past,  let  the  developments  of  the  future, 
determine.  The  whig  party  lias  committed  errors.  Human 
nature  can  not  but  err.  Individuals  often  err,  and  masses  still 
more  frequently.  But  the  errors  of  the  whig  party  are  always 
on  the  side  of  law,  of  order,  and  of  popular  liberty.  Let  us  take 
care  to  correct  all  our  errors,  and  let  us  take  care  that  no  errors 
of  conduct,  no  partial  or  temporary  interests,  no  prejudices  un 
worthy  of  freemen  or  of  men,  retard  the  progress  of  this  great 
party  of  our  hopes  and  our  affections.  Let  it  continue  to  occupy 
all  its  broad  foundations — to  offer  security,  protection,  improve 
ment,  and  elevation,  to  all  conditions  of  men,  as  all  conditions 
of  men  alike  enjoy  the  impartial  favor  of  God,  and  are  entitled 
to  impartial  representation  in  government.  —  Speech,  Auburn, 
Feb.  22,  1844. 

2FJ)c  gnbang  Hcgcnra?  in  1824.* 

HONEST  and  honorable  men  are  convinced  that  a  combination 
exists  in  this  state,  enjoys  its  honors,  and  wields  its  power,  whose 

*  This  address  is  among  Mr.  Seward's  earliest  political  efforts.  At  the 
time  it  was  written  (1824)  he  was  but  twenty-three  years  old.  A  more 
faithful  portrait  of  the  "  Albany  Regency"  could  scarcely  have  been  drawn 
by  a  practised  hand  or  at  a  later  period. 


MISCELLANEOUS.  315 

principles  and  practices  are  at  war  with  its  best  interest,  its  pros 
perity,  and  its  fame. 

The  history  of  this  combination  begins  when,  taking  advan 
tage  of  the  strong  current  of  popular  opinion  in  favor  of  a  cor 
rection  of  the  errors  of  the  old  constitution  of  this  state,  a  few 
men  who  were  clamorous  for  reform,  but  whose  lives  had  exhib 
ited  not  one  sacrifice  for  the  public  good,  united  with  a  few 
others  until  then  unknown  among  us,  because  they  had  done 
nothing  worthy  of  notice,  and  all  becoming  loud  in  their  protes 
tations  of  devotion  to  republicanism,  they  succeeded  in  obtaining 
seats  in  the  late  constitutional  convention. 

Defeated  then  in  their  efforts  to  retain  tlie  old  council  of  ap 
pointment  which  they  had  hoped' to  wield  at  their  pleasure,  they 
succeeded  in  incorporating  into  the  new  constitutional  system  an 
institution,  the  evils  of  which  are  more  severe  than  those  which 
were  produced  by  the  justly  obnoxious  features  of  the  system 
which  was  abolished  —  an  institution  which  combines  in  one 
strong  phalanx  the  officeholders,  from  the  governor  and  the  sen 
ators  down  to  the  justices  of  the  peace  in  the  most  remote  parts 
of  the  state — which  makes  the  governor  a  subservient  tool  of 
the  faction  which  designates  him ;  converts  the  otherwise  re 
spectable  judiciaries  of  the  counties  into  shambles  for  the  bargain 
and  sale  of  offices ;  and  selects  justices  of  the  peace  (in  whose 
courts  are  decided  questions  involving  a  greater  amount  of  prop 
erty  than  in  all  the  other  tribunals  of  the  state),  not  from  among 
those  whom  an  intelligent  people  would  choose,  but  from  the 
supple  and  needy  parasites  of  power,  who  may,  and  it  is  to  be 
feared  do,  bring  not  only  the  influence  but  the  very  authority 
of  their  offices  to  the  support  of  the  party  whose  creatures  they 
are.  Thus  it  has  come  to  pass  that  each  of  the  several  counties 
contains  a  little  aristocracy  of  officeholders,  existing  indepen 
dently  of  popular  control,  while  they  are  banded  together  by 
ties  of  common  political  brotherhood. 

Another  part  of  their  organization  which  presents  serious 
ground  of  apprehension,  is  the  caucus  system.  It  was  in  vain 
that  the  framers  of  the  constitution  placed  a  barrier  between 
those  who  should  make  the  laws  and  those  who  should  execute 
them.  The  doctrine  of  construction  has  been  extended  so  far 
by  ingenuity  and  subtlety,  that  their  union  is  no  longer  an 


316  SELECTIONS. 

anomaly.  Men  chosen  to  make  laws,  have  constituted  them 
selves  a  power  to  appoint  those  by  whom  they  shall  be  executed. 
The  effect  is,  that  these  men  have  themselves  become  the  sub 
jects  of  barter  and  sale.  Public  and  beneficent  laws  are  seldom 
seen  in  their  journals,  while  their  pages  are  swollen  with  laws 
to  accommodate  politicians  and  speculators.  Republican  dignity 
and  simplicity  are  banished  from  the  public  councils,  and  faction 
has  obtruded  its  unblushing  front  into  the  halls  of  legislation. 
The  caucus  system,  originally  adopted  for  necessity,  and  never 
considered  obligatory  further  than  its  nominations  concurred  with 
popular  opinion,  has  been  converted  into  a  political  inquisition. 
Patriotism  is  made  to  consist  in  a  servile  submission  to  its  decrees. 
Offices  and  honors  are  offered  to  those  only  who  will  renounce 
their  independence,  and  give  their  support  to  the  "  old  and  es 
tablished  usages  of  the  party,"  while  denunciations  without 
measure  are  poured  forth  upon  the  heads  of  those  who  dare  to 
question  the  infallibility  of  the  decrees  thus  obtained.  These 
denunciations  have  had  their  effect  upon  weak  and  timid  minds, 
while  the  inducements  offered  on  the  other  hand  have  not  failed 
to  enlist  profligate  politicians.  These  systems  constitute  the 
machinery  of  the  Albany  regency.  Honest  men  need  no  such 
aid  to  maintain  a  just  influence.  The  safety  of  the  state  is  not 
to  be  secured,  nor  its  welfare  to  be  promoted,  by  combinations 
to  deprive  the  people  of  their  constitutional  power.  When  in 
republican  states  men  attempt  to  entrench  themselves  beyond 
the  popular  reach,  their  designs  require  investigation.  Such 
men  have  for  three  years  exercised  the  authority  of  this  state. 
And  what  have  they  done  to  promote  its  prosperity  or  to  add  to 
its  renown  ?  The  judiciary,  once  our  pride,  is  humbled  and  de 
graded.  The  march  of  internal  improvement  is  retarded,  and 
the  character  of  the  state  is  impaired.  Let  the  proceedings  of 
the  present  legislature  speak — a  legislature  composed  of  mem 
bers,  most  of  whom  were  pledged  in  their  several  counties,  and 
all  of  whom  were  instructed  to  restore  to  the  people  their  con 
stitutional  right  of  appointing  electors  of  president  and  vice-pres 
ident  of  the  United  States.  Yet  its  journals  exhibit  little  else 
than  contradictory  measures,  affecting  private  corporations,  to 
gether  with  all  the  practices  of  chicanery  and  open  opposition 
to  the  very  law  they  were  required  to  pass. —  Address,  1824. 


MISCELLANEOUS.  317 


Secret  political  .Societies. 

IF  virtue  yet  abide  among  us,  if  there  be  intelligence  in  our 
fellow-citizens  to  appreciate  the  dangers  which  threaten  their 
liberty,  and  if  there  be  patriotism  to  resist  and  prevent  them, 
which  we  most  firmly  believe,  there  can  be  no  doubt  of  the  re 
sult  of  such  a  contest.  On  the  one  side  is  an  aristocratic  nobility, 
composed  of  men  bound  together  by  the  most  terrific  oaths, 
which  conflict  with  the  administration  of  justice,  with  private 
rights,  and  with  the  public  security ;  a  privileged  order,  claim- 
nig  and  securing  to  its  members  unequal  advantages  over  their 
fellow-citizens,  veiling  its  proceedings  from  scrutiny  by  pledges 
of  secrecy,  collecting  funds  to  unknown  amounts  and  for  un 
known  purposes,  and  operating  through  our  extended  country  at 
any  time  and  on  any  subject,  with  all  the  efficacy  of  perfect 
organization,  controlled  and  directed  by  unseen  and  unknown 
hands.  On  the  other  side,  a  portion  of  your  fellow-citizens  ask 
for  equal  rights  and  equal  privileges  among  the  freemen  of  this 
country.  They  say  it  is  in  vain  that  this  equality  of  rights  and 
privileges  is  secured  in  theory  by  our  constitutions  and  laws,  if, 
by  a  combination  to  subvert  it,  it  is  in  fact  no  longer  enjoyed. 
They  point  you  to  masonic  oaths,  and  to  the  effects  of  those 
dreadful  obligations  upon  our  elections,  upon  witnesses  in  courts 
of  justice,  and  upon  jurors.  They  show  you  one  of  your  citizens 
murdered  under  their  influence,  and  the  offenders  escaping  with 
impunity.  They  exhibit  to  you  the  power  of  your  courts  defied, 
and  the  administration  of  justice  defeated,  through  the  instru 
mentality  of  those  obligations.  And  they  ask  you  whether  our 
country  can  any  longer  be  described  as  a  land  "  where  no  man 
is  so  powerful  as  to  be  above  the  law,  and  no  one  so  Irumble  as 
to  be  beneath  its  protection." — Legislative  Address,  1831. 

jtlcKef  fov  tlje  Entrijjeiit  Ensane.— £|)c  Hnton  anti  tfje  States. 

CONGRESS  has  passed  a  bill  by  which  ten  millions  of  acres  of 
the  public  domain  are  granted  to  the  several  states,  with  un 
questioned  equality,  on  condition  that  they  shall  accept  the 
same,  and  sell  the  lands  at  not  less  than  one  dollar  per  acre,  and 
safely  invest  the  gross  proceeds,  and  for  ever  apply  the  interest 


318  SELECTIONS. 

thereon  to  the  maintenance  of  their  indigent  insane  inhabitants. 
This  grant  is  a  contribution  to  the  states,  made  from  a  peculiar 
national  resource,  at  a  time  when  the  treasury  is  overflowing.  It 
is  made  at  the  suggestion,  and  it  is  not  stating  the  case  too 
strongly  to  say,  through  the  unaided,  unpaid,  and  purely  disin 
terested  influence  of  an  American  woman  [Miss  DixJ,  who, 
while  all  other  members  of  society  have  been  seeking  how  to 
advance  their  own  fortunes  and  happiness,  or  the  prosperity  and 
greatness  of  their  country,  has  consecrated  her  life  to  the  relief 
of  the  most  pitiable  form  in  which  the  Divine  Ruler  afflicts  our 
common  humanity. 

The  purpose  of  the  bill  has  commended  it  to  our  warmest  and 
most  active  sympathies.  Not  a  voice  has  censured  it,  in  either 
house  of  Congress.  It  is  the  one  only  purpose  of  legislation, 
sufficiently  great  to  arrest  attention,  that  has  met  with  universal 
approbation  throughout  the  country,  during  the  present  session. 
It  seems  as  if  some  sad  fatality  attends  our  public  action,  when 
this  measure  is  singled  out  from  among  all  others,  to  be  baffled 
and  defeated  by  an  executive  veto.  Such,  however,  is  the  fact. 
The  bill  has  been  returned  by  the  president,  with  objections 
which  it  is  now  our  constitutional  duty  to  consider. 
#*•**#  *•#### 

The  president  expresses  deep  concern  lest  this  contribution 
by  the  federal  government  to  the  states  should  impair  their  vigor 
and  independence.  But  it  is  not  easy  to  see  how  a  contribution 
which  they  are  at  liberty  to  reject,  and  which  they  are  to  apply 
to  a  necessary  and  proper  purpose  of  government,  in  entire  in 
dependence  of  the  federal  government,  can  wound  their  self- 
respect,  or  deprive  them  of  any  of  their  attributes  of  sovereignty. 

The  president  is  moreover,  deeply  disturbed  by  an  appre 
hension,  that  if  the  policy  of  this  bill  should  be  pursued,  its 
noble  purposes  would  be  defeated,  and  the  fountains  of  charity 
within  the  states  would  be  dried  up.  The  president  must 
not  needlessly  afflict  himself  in  this  wise,  on  the  score  of 
humanity.  Experience  is  against  his  fears.  Congress  has  never 
manifested  a  disposition  of  profuse  liberality  toward  the  states. 
Every  community  that  has  received  from  the  federal  territory 
or  property,  military  bounties  or  pensions  is  at  least  as  brave  and 
patriotic  as  it  was  before.  Every  community  that  has  received 


MISCELLANEOUS.  319 

from  the  same  sources  contributions  for  tlie  purposes  of  internal 
improvement  is  more  enterprising  than  before.  Every  commu 
nity  that  has  received  aid  for  its  schools  of  learning  has  been 
rendered  more  zealous  and  more  munificent  in  the  cause  of  edu 
cation. 

As  in  the  early  days  of  the  republic,  there  was  a  school  of 
latitudinarian  construction  of  the  constitution,  which  school  was 
quite  erroneous ;  so,  also,  there  is  now  a  school  whose  maxim  is 
strict  construction  of  the  constitution,  and  this  school  has  accu 
mulated  precedents  and  traditions  equally  calculated  to  extin 
guish  the  spirit  of  the  constitution.  Circumstances  have  alto 
gether  changed  since  that  school  was  founded.  The  states  were 
then  rich  and  strong ;  the  Union  was  poor  and  powerless.  Vir 
ginia  lent  to  the  United  States  a  hundred  thousand  dollars  to 
build  their  capitol.  But  the  states  could  not  enlarge  themselves. 
They  possessed  respectively  either  no  public  lands  at  all,  or  very 
small  domains,  and  to  such  domains  they  have  added  nothing  by 
purchase  or  by  conquest.  Charged  with  all  the  expenses  of 
municipal  administration,  including  the  relief  of  the  indigent,  the 
cure  of  the  diseased,  the  education  of  the  people,  and  the  removal 
of  natural  obstructions  to  trade  and  intercourse,  they  reserved, 
nevertheless,  only  the  power  to  raise  revenues  by  direct  taxa 
tion,  one  which  always  was  and  always  will  be  regarded  with 
jealousy  and  dislike,  and  is  therefore  never  one  that  can  be 
freely  exercised. 

The  Union,  on  the  contrary,  by  conquest  and  purchase,  has 
quadrupled  its  domain,  and  is  in  possession  of  superabundant 
revenues,  derived  from  that  domain  and  from  imposts  upon  for 
eign  commerce,  while  it  also  enjoys  the  power  of  direct  taxation. 
Contrast  the  meager  salaries  of  the  officers  of  the  states  with 
the  liberal  ones  enjoyed  by  the  agents  of  the  Union.  Contrast 
the  ancient,  narrow,  and  cheerless  capitols  of  Annapolis,  Har- 
risburg,  and  Albany,  with  this  magnificent  edifice,  amplifying 
itself  to  the  north  and  the  south,  while  it  is  surrounded  by  gar 
dens  traversed  by  spacious  avenues  and  embellished  with  fount 
ains  and  statuary,  and  you  see  at  once  that  the  order  of  things 
has  been  reversed,  and  that  it  tends  now  not  merely  to  concen 
tration,  but  to  consolidation.  I  know  not  how  others  may  be 
affected  by  this  tendency,  but  I  confess  that  it  moves  me  to  do 


320  SELECTIONS. 

all  that  I  can,  by  a  fair  construction  of  the  constitution,  not  to 
abate  the  federal  strength,  and  diminish  the  majesty  of  the 
Union,  but  to  invigorate  and  aggrandize  the  states,  and  to  ena 
ble  them  to  maintain  their  just  equilibrium  in  our  grand  but 
exquisitely-contrived  political  system.  —  Speech  in  U.  S.  Senate 
on  the  President's  Message  vetoing  tlcv  J$ill  granting  Lands  to  the 
several  States  for  the  Relief  of  the  Indigent  Insane,  June  19, 1854. 

(•Tfje  <Tute  35asis  of  American  Euticjpentience. 

I  AM  far  from  supposing  that  we  are  signally  deficient  in  in 
dependence.  I  know  that  it  is  a  national,  an  hereditary,  and  a 
popular  sentiment ;  that  we  annually  celebrate,  and  always  glory 
in  our  independence.  We  do  so  justly,  for  nowhere  else  does 
even  a  form  or  a  shadow  of  popular  independence  exist ;  while 
here  it  is  the  very  rock  on  which  our  institutions  rest.  Never 
theless,  occasions  for  the  exercise  of  this  virtue  maybe  neglected. 

We  hold  in  contempt,  equally  just  and  profound,  him  who  im 
poses,  and  him  who  wears,  a  menial  livery ;  and  yet,  I  think, 
that  we  are  accustomed  to  regard  with  no  great  severity,  the 
employer  who  exacts,  or  the  mechanic,  clerk,  or  laborer,  who 
yields,  political  conformity  in  consideration  of  wages.  We  in 
sist,  as  we  ought,  that  every  citizen  in  the  state  shall  be  quali 
fied  by  education  for  citizenship  ;  but  we  are  by  no  means  unan 
imous  that  one  citizen,  or  class  of  citizens,  shall  not  prescribe  its 
own  creed,  in  the  instruction  of  the  children  of  others.  We  con 
struct  and  remodel  partisan  formulas  and  platforms  with  chan 
ging  circumstances  with  almost  as  much  diligence  and  versatility 
as  the  Mexicans  ;  and  we  attempt  to  enforce  conformity  to  them, 
with  scarcely  less  of  zeal  and  intolerance,  not  indeed  by  the 
sword,  but  by  the  greater  terror  of  political  proscription.  We 
resist  argument,  not  always  with  argument,  but  often  with  per 
sonal  denunciation,  and  sometimes  even  with  combined  violence. 
We  differ,  indeed,  as  to  the  particular  errors  of  political  faith, 
that  shall  be  corrected  by  this  extreme  remedy ;  but,  neverthe 
less,  the  number  of  those  who  altogether  deny  its  necessity  and 
suitableness  in  some  cases,  is  very  small. 

We  justly  maintain  that  a  free  press  is  the  palladium  of  lib 
erty  ;  and  yet,  mutually  proscribing  all  editorial  independence 


MISCELLANEOUS.  321 

that  is  manifested  by  opposition  to  our  own  opinions,  we  have 
only  attained  a  press  that  is  free  in  the  sense  that  every  inter 
est,  party,  faction,  or  sect,  can  have  its  own  independent  organ. 
If  it  be  still  maintained,  notwithstanding  these  illustrations  to 
the  contrary,  that  entire  social  independence  prevails,  then,  I 
ask,  why  is  it  so  necessary  to  preserve  with  jealousy,  as  we 
justly  do,  the  ballot,  in  lieu  of  open  suffrage  ;  for  if  every  citizen 
is  really  free  from  all  fear  and  danger,  why  should  he  mask  his 
vote  more  than  his  face.  Believe  me,  fellow-citizens,  indepen 
dence  always  languishes  in  the  very  degree  that  intolerance 
prevails.  We  smile  at  the  vanity  of  the  factory-girl  at  Lowell, 
who,  having  spent  the  secular  part  of  the  week  in  making  calicoes 
for  the  use  of  her  unsophisticated  countrywomen,  disdainfully 
arrays  herself  on  Sundays  exclusively  in  the  tints  of  European 
dyes ;  and  yet,  we  are  indifferent  to  the  fact  that  beside  a  uni 
versal  consumption  of  foreign  silks,  excluding  the  silkworm  from 
our  country,  we  purchase,  in  England  alone,  one  hundred  and 
fifty  millions  of  yards  of  the  same  stained  muslins.  We  sustain, 
here  and  there,  a  rickety,  or  at  best  a  contracted  iron  manufac 
tory  ;  while  we  import  iron  to  make  railroads  over  our  own  end 
less  ore  fields,  and  we  carry  our  prejudices  against  our  struggling 
manufacturers  and  mechanics  so  far  as  to  fastidiously  avoid  wear 
ing  on  our  persons,  or  using  on  our  tables,  or  displaying  in  our 
drawing-rooms,  any  fabric,  of  whatsoever  material,  texture,  or 
color,  that,  in  the  course  of  its  manufacture,  has  to  our  best 
knowledge  and  belief,  ever  come  in  contact  with  the  honest  hand 
of  an  American  citizen.  In  all  this,  we  are  less  independent 
than  the  Englishman,  the  Frenchman,  or  even  the  Siberian. 

It  is  painful  to  confess  the  same  infirmity  in  regard  to  intel 
lectual  productions.  We  despise,  deeply  and  universally,  the 
spoiled  child  of  pretension,  who,  going  abroad  for  education  or 
observation,  with  a  mind  destitute  of  the  philosophy  of  travel, 
returns  to  us  with  an  affected  tone  and  gait,  sure  indications  of 
a  craven  spirit  and  a  disloyal  heart.  And  yet  how  intently  do 
we  not  watch  to  see  whether  one  of  our  countrymen  obtains  in 
Europe  the  honor  of  an  aristocratic  dinner,  or  of  a  presentation, 
in  a  grotesque  costume,  at  court !  How  do  we  not  suspend  our 
judgment  on  the  merits  of  the  native  artist,  be  he  dancer  singer, 
actor,  limner,  or  sculptor,  and  even  of  the  native  author,  inven- 

14* 


822  SELECTIONS. 

tor,  orator,  bishop,  or  statesman,  until,  by  flattering  those  who 
habitually  depreciate  his  country,  he  passes  safely  tl*e  ordeal  of 
foreign  criticism,  and  so  commends  himself  to  our  own  most  cau 
tious  approbation.  How  do  we  not  consult  foreign  mirrors,  for 
our  very  virtues  and  vices,  not  less  than  for  our  fashions,  and 
think  ignorance,  bribery,  and  slavery,  quite  justified  at  home,  if 
they  can  be  matched  against  oppression,  pauperism,  and  crime, 
in  other  countries ! 

On  occasions  too,  we  are  bold  in  applauding  heroic  struggling 
for  freedom  abroad ;  and  we  certainly  have  hailed  with  enthusi 
asm  every  republican  revolution  in  South  America,  in  France, 
in  Poland,  in  Germany,  and  in  Hungary.  And  yet  how  does 
not  our  sympathy  rise  and  fall,  with  every  change  of  the  political 
temperature  in  Europe  1  In  just  this  extent,  we  are  not  only 
not  independent,  but  we  are  actually  governed  by  the  monar 
chies  and  aristocracies  of  the  Old  World. 

You  may  ask  impatiently,  if  I  require  the  American  citizen  to 
throw  off  all  submission  to  law,  all  deference  to  authority,  and 
all  respect  to  the  opinions  of  mankind,  and  that  the  American 
Republic  shall  constantly  wage  an  aggressive  war  against  all 
foreign  systems  ?  I  ansAver,  no.  There  is  here,  as  everywhere, 
a  middle  and  a  safe  way.  I  would  have  the  American  citizen 
yield  always  a  cheerful  acquiescence,  and  never  a  servile  adhe 
rence,  to  the  opinions  of  the  majority  of  his  countrymen  and  of 
mankind,  whether  they  be  engrossed  in  the  forms  of  law  or  not, 
on  all  questions  involving  no  moral  principle  ;  and  even  in  regard 
to  such  as  do  affect  the  conscience,  I  would  have  him  avoid  not 
only  faction,  but  even  the  appearance  of  it.  But  I  demand,  at 
the  same  time,  that  he  shall  have  his  own  matured  and  indepen 
dent  convictions,  the  result  not  of  any  authority,  domestic  or 
foreign,  on  every  measure  of  public  policy,  and  so,  that  while 
always  temperate  and  courteous,  he  shall  always  be  a  free  and 
outspeaking  censor,  upon  not  only  opinions,  customs,  and  admin 
istration,  but  even  upon  laws  and  constitutions  themselves. 
What  I  thus  require  of  the  citizen,  I  insist,  also,  that  he  shall 
allow  to  every  one  of  his  fellow-citizens.  I  would  have  the 
nation  also,  though  moderate  and  pacific,  yet  always  frank,  de 
cided  and  firm,  in  bearing  its  testimony  against  error  and  oppres 
sion  ;  and  while  abstaining  from  forcible  intervention  in* foreign 


MISCELLANEOUS.  323 

disputes,  yet  always  fearlessly  rendering  to  the  cause  of  republi 
canism  everywhere,  by  influence  and  example,  all  the  aid  that  the 
laws  of  nations  do  not  peremptorily,  or,  in  their  true  spirit,  forbid. 

Do  I  propose  in  this  an  heretical,  or  even  a  new  standard  of 
public  or  private  duty  ?  All  agree  that  the  customaiy,  and 
even  the  legal  standards  in  other  countries  are  too  low.  Must 
we  then  abide  by  them  now  and  for  ever  ?  That  would  be  to 
yield  our  independence,  and  to  be  false  toward  mankind.  Who 
will  maintain  that  the  standard  established  at  any  one  time  by 
a  majority  in  our  country  is  infallible,  and  therefore  final  ?  If 
it  be  so,  why  have  we  reserved,  by  our  constitution,  freedom  of 
speech,  of  the  press,  and  of  suffrage,  to  reverse  it  ?  No,  we  may 
change  every  thing,  first  complying,  however,  with  constitutional 
conditions.  Storms  and  commotions  must  indeed  be  avoided, 
but  the  political  waters  must  nevertheless  be  agitated  always, 
or  they  will  stagnate.  Let  no  one  suppose  that  the  human  mind 
will  consent  to  rest  in  error.  It  vibrates,  however,  only  that  it 
may  settle  at  last  in  immutable  truth  and  justice.  Nor  need  we 
fear  that  we  shall  be  too  bold.  Conformity  is  always  easier  than 
contention ;  and  imitation  is  always  easier  than  innovation. 
There  are  many  who  delight  in  ease,  where  there  is  one  who 
chooses,  and  fearlessly  pursues,  the  path  of  heroic  duty. 

Moreover,  while  we  are  expecting  hopefully  to  see  foreign  cus 
toms  and  institutions  brought,  by  the  influence  of  commerce,  into 
conformity  with  our  own,  it  is  quite  manifest  that  commerce  has 
reciprocating  influences,  tending  to  demoralize  ourselves,  and  so 
to  assimilate  our  opinions,  manners,  and  customs,  ultimately  to 
those  of  aristocracy  and  despotism.  We  can  not  afford  to  err  at 
all  on  that  side.  We  exist  as  a  free  people  only  by  force  of  our 
very  peculiarities.  They  are  the  legitimate  peculiarities  of  re 
publicanism,  and,  as  such,  are  the  test  of  nationality. 

Nationality !  It  is  as  just  as  it  is  popular.  Whatever  policy, 
interest,  or  institution,  is  local,  sectional,  or  foreign,  must  be  zeal 
ously  watched  and  counteracted  ;  for  it  tends  directly  to  social 
derangement,  and  so  to  the  subversion  of  our  democratic  con 
stitution. 

But  it  is  seen  at  once  that  this  nationality  is  identical  with 
that  very  political  independence  which  results  from  a  high  tone 
of  individuality  on  the  part  of  the  citizen.  Let  it  have  free  play, 


324  SELECTIONS. 

then,  and  so  let  every  citizen  value  himself  at  his  just  worth,  in 
body  and  soul  ;  namely,  not  a  serf  or  a  subject  of  any  human 
authority,  or  the  inferior  of  any  class,  however  great  or  wise,  but 
a  freeman,  who  is  so  because  "  Truth  has  made  him  free  ;"  who 
not  only,  equally  with  all  others,  rules  in  the  republic,  but  is 
also  bound,  equally  with  any  other,  to  exercise  designing  wis 
dom  and  executive  vigor  and  efficiency  in  the  eternal  duty  of 
saving  and  perfecting  the  state.  When  this  nationality  shall 
prevail,  we  shall  no  more  see  fashion,  wealth,  social  rank,  politi 
cal  combination,  or  even  official  proscription,  effective  in  suppres 
sing  the  utterance  of  mature  opinions  and  true  convictions  ;  and 
so  enforcing  for  brief  periods,  with  long  reactions,  political  con 
formity,  at  the  hazard  of  the  public  welfare,  and  at  the  cost  of 
the  public  virtue  ..... 

Let  this  nationality  prevail,  and  then  we  shall  cease  to  under 
value  our  own  farmers,  mechanics,  and  manufacturers,  and  their 
productions  ;  our  own  science,  and  literature,  and  inventions  ;  our 
own  orators  and  statesmen  ;  in  short,  our  own  infinite  resources 
and  all-competent  skill,  our  own  virtue,  and  our  own  peculiar 
and  justly  envied  freedom.  —  Address,  American  Institute,  N.  Y., 
Oct.  20,  1853. 


THE  first  want  of  every  nation  is  peace,  the  last  is  peace.  It 
wants  peace  always.  So  our  forefathers  understood  the  philos 
ophy  of  government  ;  for^  they  established  a  system  which  dis 
pensed  with  even  the  forces  necessary  for  perfect  defence,  rather 
than  cumber  it  with  such  as  might  tempt  it  to  unnecessary  collis 
ion  with  other  states.  A  democratic  government  has  no  adap 
tation  to  war.  War  involves  a  nation  in  debt,  and  requires  vast 
supplies  of  men  and  taxes,  and  self-taxing  people  will  not,  except 
when  absolutely  obliged  by  the  exigencies  of  danger,  vote  either 
one  or  the  other.  Our  government  has  not  effective  powers  of 
conscription.  No  modern  state  has  carried  on,  or  can  carry  on, 
aggressive  war  without  conscription.  War,  however  brief  its 
duration,  and  however  light  its  calamities,  deranges  all  social 
industry,  subverts  order  and  corrupts  public  morals.  The  first 
element,  then,  of  our  social  happiness  and  security  is  PEACE.  — 
.  Oct.  29,  1844. 


ORATIONS  AND   SPEECHES. 


THE  DESTINY  OF  AMERICA.' 


THIS  scene  is  new  to  me,  a  stranger  in  Ohio,  and  it  must  be 
in  a  degree  surprising  even  to  yourselves.  On  these  banks  of 
the  Scioto,  where  the  elk,  the  buffalo,  and  the  hissing  serpent 
haunted  not  long  ago,  I  see  now  mills  worked  by  mute  mechan 
ical  laborers,  and  warehouses  rich  in  the  merchandise  of  many 
climes.  Steeds  of  vapor  on  iron  roads  and  electrical  messengers 
on  pathways  which  divide  the  air,  attest  the  concentration  of  many 
novel  forms  of  industry,  while  academic  groves,  spacious  courts, 
and  majestic  domes,  exact  the  reverence  always  eminently  due 
to  the  chosen  seats  of  philosophy,  religion,  and  government. 

What  a  change,  moreover,  has  within  the  same  short  period 
come  over  the  whole  country  that  we  love  so  justly  and  so  well. 
High  arcs  of  latitude  and  longitude  have  shrunk  into  their 
chords,  and  American  language,  laws,  religion,  and  authority, 
once  confined  to  the  Atlantic  coast,  now  prevail  from  the  north 
ern  lakes  to  the  southern  gulf,  and  from  the  stormy  eastern  sea 
to  the  tranquil  western  ocean. 

Nevertheless  it  is  not  in  man's  nature  to  be  content  with  pres 
ent  attainment  or  enjoyment.  You  say  to  me  therefore  with 
excusable  impatience,  "  Tell  us  not  what  our  country  is,  but 
what  she  shall  be.  Shall  her  greatness  increase  ?  Is  she  im 
mortal  r 

I  will  answer  you  according  to  my  poor  opinion.  But  I  pray 
you  first,  most  worthy  friends,  to  define  the  greatness  and  immor 
tality  you  so  vehemently  desire. 

*  Oration  at  the  Dedication  of  Capital  University,  Columbus,  Ohio,  Sep 
tember  14,  1853. 


828  ORATION. 

If  the  Future  which  you  seek  consists  in  this ;  that  these 
thirty-one  states  shall  continue  to  exist  for  a  period  as  long  as 
human  foresight  is  allowed  to  anticipate  after  coming  events ; 
that  they  shall  be  all  the  while  free  ;  that  they  shall  remain  dis 
tinct  and  independent  in  domestic  economy,  and  nevertheless  be 
only  one  in  commerce  and  foreign  affairs ;  that  there  shall  arise 
from  among  them  and  within  their  common  dtimain  even  more 
than  thirty-one  other  equal  states,  alike  free,  independent,  and 
united ;  that  the  borders  of  the  federal  republic  so  peculiarly 
constituted  shall  be  extended  so  that  it  shall  greet  the  sun  when 
he  touches  the  tropic,  and  when  he  sends  his  glancing  rays 
toward  the  polar  circle,  and  shall  include  even  distant  islands 
in  either  ocean ;  that  our  population,  now  counted  by  tens  of 
millions,  shall  ultimately  be  reckoned  by  hundreds  of  millions ; 
that  our  wealth  shall  increase  a  thousand  fold,  and  our  commer 
cial  connections  shall  be  multiplied,  and  our  political  influence 
be  enhanced  in  proportion  with  this  wide  development,  and  that 
mankind  shall  come  to  recognise  in  us  a  successor  of  the  few 
great  states  which  have  alternately  borne  commanding  sway  in 
the  world — if  this,  and  only  this  is  desired,  then  I  am  free  to 
say  that  if,  as  you  will  readily  promise,  our  public  and  private 
virtues  shall  be  preserved,  nothing  seems  to  me  more  certain 
than  the  attainment  of  this  future,  so  surpassingly  comprehen 
sive  and  magnificent. 

Indeed,  such  a  future  seems  to  be  only  a  natural  consequence 
of  what  has  already  been  secured.  "Why  then  shall  it  not  be 
attained  ?  Is  not  the  field  as  free  for  the  expansion  indicated 
as  it  was  for  that  which  has  occurred  1  Are  not  the  national 
resources  immeasurably  augmented  and  continually  increasing  ? 
With  telegraphs  and  railroads  crossing  the  Detroit,  the  Niagara, 
the  St.  Johns,  and  the  St.  Lawrence  rivers,  with  steamers  on  the 
lakes  of  Nicaragua,  and  a  railroad  across  the  isthmus  of  Pan 
ama,  and  with  negotiations  in  progress  for  passages  over  Te- 
huantepec  and  Darien,  with  a  fleet  in  Hudson's  bay  and  another 
at  Bhering's  straits,  and  with  yet  another  exploring  the  La 
Plata,  and  with  an  armada  at  the  gates  of  Japan,  with  Mexico 
ready  to  divide  on  the  question  of  annexation,  and  with  the 
Sandwich  islands  suing  to  us  for  our  sovereignty,  it  is  quite  clear 
to  us  that  the  motives  to  enlargement  are  even  more  active  than 


THE   DESTINY   OP  AMERICA.  329 

they  ever  were  heretofore,  and  that  the  public  energies,  instead 
of  being  relaxed,  are  gaming  new  vigor. 

Is  the  nation  to  become  suddenly  weary  and  so  to  waver  and 
fall  off  from  the  pursuit  of  its  high  purposes  ]  When  did  any 
vigorous  nation  every  become  weary  even  of  hazardous  and  ex 
hausting  martial  conquests?  Our  conquests  on  the  contrary,  are 
chiefly  peaceful,  and  thus  far  have  proved  productive  of  new 
wealth  and  strength.  Is  a  paralysis  to  fall  upon  the  national 
brain  ?  On  the  contrary,  what  political  constitution  has  ever 
throughout  an  equal  period  exhibited  greater  elasticity  and  ca 
pacity  for  endurance  ? 

Is  the  union  of  the  states  to  fail  1  Does  its  strength  indeed 
grow  less  with  the  multiplication  of  its  bonds  ]  Or  does  its 
value  diminish  with  the  increase  of  the  social  and  political  inter 
ests  which  it  defends  and  protects  ?  Far  otherwise.  For  all 
practical  purposes  bearing  on  the  great  question,  the  steam  en 
gine,  the  iron  road,  the  electric  telegraph,  all  of  which  are  newer 
than  the  Union,  and  the  metropolitan  press,  which  is  no  less  won 
derful  in  its  working  than  they,  have  already  obliterated  state 
boundaries  and  produced  a  physical  and  moral  centralism  more 
complete  and  perfect  than  monarchical  ambition  ever  has  forged 
or  can  forge.  Do  you  reply  nevertheless  that  the  Union  rests  on 
the  will  of  the  several  states,  and  that,  no  matter  what  prudence 
or  reason  may  dictate,  popular  passion  may  become  excited  and 
rend  it  asunder.  Then  I  rejoin,  When  did  the  American  people 
ever  give  way  to  such  impulses  1  They  are  practically  impassive. 
You  remind  me  that  faction  has  existed,  and  that  only  recently 
it  was  bold  and  violent.  I  answer  that  it  was  emboldened  by 
popular  timidity,  and  yet  that  even  then  it  succumbed.  Loyalty 
to  the  Union  is  not  in  one  or  many  states  only,  but  in  all  the 
states,  the  strongest  of  all  public  passions.  It  is  stronger,  I  doubt 
not,  than  the  love  of  justice  or  even  the  love  of  equality,  which 
have  acquired  a  strength  here  never  known  among  mankind  be 
fore.  A  nation  may  well  despise  threats  of  sedition  that  has  never 
known  but  one  traitor,  and  this  will  be  learned  fully  by  those 
who  shall  hereafter  attempt  to  arrest  any  great  national  move 
ment  by  invoking  from  their  grave  the  obsolete  terrors  of 
disunion. 

But  you  apprehend  foreign  resistance.     Well,  where  is  our 


330  ORATION. 

enemy  1  Whence  shall  ho  come  ?  Will  he  arise  on  this  conti 
nent  1  Canada  has  great  resources  and  begins  to  give  signs 
of  a  national  spirit.  But  Canada  is  not  yet  independent  of 
Great  Britain.  And  she  will  be  quite  too  weak  to  be  formida 
ble  to  us  when  her  emancipation  shall  have  taken  place.  More 
over,  her  principles,  interests,  and  sympathies,  assimilate  to  our 
own  just  in  the  degree  that  she  verges  toward  separation  from 
the  parent  country.  Canada,  although  a  province  of  Great  Brit 
ain,  is  already  half  annexed  to  the  United  States.  She  will 
ultimately  become  a  member  of  this  confederacy  if  we  will  con 
sent,  an  ally  if  we  will  not  allow  her  to  come  nearer.-  At  least 
she  can  never  be  an  adversary.  Will  Mexico,  or  Nicaragua,  or 
Guatemala,  or  Ecuador,  or  Peru,  all  at  once  become  magically 
cured  of  the  diseases  inherited  from  aboriginal  and  Spanish  pa 
rentage,  and  call  up  armies  from  under  the  earth  and  navies 
from  the  depths  of  the  sea,  and  thus  become  the  Rome  that 
shall  resist  and  overthrow  this  overspreading  Carthage  of  ours  ? 
Or  are  we  to  receive  our  death-stroke  at  the  hand  of  Brazil, 
doubly  cursed  as  she  is  above  all  other  American  states  by  her 
adoption  of  the  two  most  absurd  institutions  remaining  among 
men,  European  monarchy  and  American  slavery. 

Is  an  enemy  to  come  forth  from  the  islands  in  adjacent  seas? 
Where  then  shall  we  look  for  him  1  On  the  Antilles,  or  on  the 
Bermudas,  or  on  the  Bahamas  ?  Which  of  the  conflicting  social 
elements  existing  together,  yet  unmixed,  there,  is  ultimately  to 
prevail  ?  Will  it  be  Caucasian  or  African  ?  Can  those  races  not 
only  combine  but  become  all  at  once  aggressive  and  powerful  ? 

Shall  we  look  for  an  adversary  in  Europe  1  Napoleon  said  at 
St.  Helena,  "America  is  a  fortunate  country.  She  grows  by 
the  follies  of  our  European  nations."  Since  when  have  those 
nations  grown  wise  ?  If  they  have  at  last  become  wise,  how  is 
it  that  America  has  nevertheless  not  ceased  to  grow  1  But  what 
European  state  will  oppose  us  1  Will  Great  Britain  ?  If  she 
fears  to  grapple  with  Russia  advancing  toward  Constantinople  on 
the  way  to  India,  though  not  only  her  prestige,  but  even  her 
empire  is  threatened,  will  she  be  bold  enough  to  come  out  of 
her  way  to  seek  an  encounter  with  us  ?  Who  will  feed  and  pay 
her  artisans  while  she  shall  be  engaged  in  destroying  her  Amer 
ican  debtors  and  the  American  consumers  of  her  fabrics  ?  Great 


THE   DESTINY   OP   AMERICA.  331 

Britain  lias  enough  to  do  in  replacing  in  Ireland  the  population 
that  island  has  yielded  to  us,  in  subjecting  Africa,  in  extending 
her  mercantile  dominion  in  Asia,  and  in  perpetually  readjusting 
the  crazy  balance  of  power  in  Europe,  so  essential  to  her  safety. 
We  have  fraternal  relations  with  Switzerland,  the  only  republic 
yet  lingering  on  that  continent.  Which  of  the  despotic  powers 
existing  there  in  perpetual  terror  of  the  contagion  of  American 
principles  will  assail  us  and  thus  voluntarily  hasten  on  that  uni 
versal  war  of  opinion  which  is  sure  to  come  at  some  future  time, 
and  which  whenever  it  shall  have  come,  whether  it  be  sooner 
or  later,  can  end  only  in  the  subversion  of  monarchy  and  the 
establishment  of  republicanism  on  its  ruins  throughout  the  world  1 

Certainly  no  one  expects  the  nations  of  Asia  to  be  awakened 
by  any  other  influences  than  our  own  from  the  lethargy  into 
which  they  sunk  nearly  three  thousand  years  ago,  under  the 
spells  of  superstition  and  caste.  If  they  could  be  roused  and 
invigorated  now,  would  they  spare  their  European  oppressors 
and  smite  their  American  benefactors  ?  Nor  has  the  time  yet 
come,  if  indeed  it  shall  come  within  many  hundred  years,  when 
Africa,  emerging  from  her  primeval  barbarism,  shall  vindicate 
the  equality  of  her  sable  races  in  the  rights  of  human  nature, 
and  visit  upon  us  the  latest,  the  least  guilty  and  the  most  re 
pentant  of  all  offenders,  the  wrongs  she  has  so  long  suffered  at 
the  hands  of  so  many  of  the  Caucasian  races. 

No  !  no,  we  can  not  indeed  penetrate  the  eternal  counsels,  but 
reasoning  from  what  is  seen  to  what  is  unseen,  deducing  from 
the  past  probable  conjectures  of  the  future,  we  are  authorized  to 
conclude  that  if  the  national  virtue  shall  prove  sufficient  the 
material  progress  of  the  United  States  which  equally  excites  our 
own  pride  and  the  admiration  of  mankind,  is  destined  to  indefi 
nite  continuance. 

But  is  this  material  progress  even  to'  the  point  which  has  been 
indicated  the  whole  of  the  future  which  we  desire  ?  It  is  seen 
at  once  that  it  includes  no  high  intellectual  achievement,  and  no 
extraordinary  refinement  of  public  virtue,  while  it  leaves  entirely 
out  of  view  the  improvement  of  mankind.  Now  there  certainly 
is  a  political  philosophy  which  teaches  that  nations  like  individ 
uals  are  equal,  moral,  social,  responsible  persons,  existing  not  for 
objects  of  merely  selfish  advantage  and  enjoyment,  but  for  the 


332  ORATION. 

performance  of  duty,  which  duty  consists  in  elevating  themselves 
and  all  mankind  as  high  as  possible  in  knowledge  and  virtue ; 
that  the  human  race  is  one  in  its  origin,  its  rights,  its  duties,  and 
its  destiny,  that  throughout  the  rise,  progress,  and  decline  of 
nations,  one  divine  purpose  runs  —  the  increasing  felicity  and 
dignity  of  human  nature  —  and  that  true  greatness  or  glory, 
whether  of  individuals  or  of  nations,  is  justly  measured,  not  by 
the  territory  they  compass,  or  the  wealth  they  accumulate,  or 
the  fear  they  inspire,  but  by  the  degree  in  which  they  promote 
the  accomplishment  of  that  great  and  beneficent  design  of  the 
Creator  of  the  universe. 

"  The  great  end  and  object  of  life,"  said  Socrates,  "is  the  per 
fection  of  the  intellect,  the  great  moral  duty  of  man  is  knowledge, 
and  the  object  of  all  knowledge  is  one,  namely,  Truth,  the  Good, 
the  Beautiful,  the  Divine  Reason." 

So  also  Plato  taught  that  "  Man  ought  to  strive  after  and  de 
vote  himself  to  the  contemplation  of  the  ONE,  the  ETERNAL,  the 
INFINITE." 

Cicero  wrote,  •'  There  are  those  who  deny  that  any  bond  of 
law  or  of  association  for  purposes  of  common  good  exists  among 
citizens.  This  opinion  subverts  all  union  in  a  state.  There  are 
those  who  deny  that  any  such  bond  exists  between  themselves 
and  strangers,  and  this  opinion  destroys  the  community  of  the 
Human  Race." 

Bacon  declared  that  there  was  in  man's  nature  "  a  secret  love 
of  others,  which  if  not  contracted,  would  expand  and  embrace 
all  men." 

These  maxims  proceed  on  the  principle  of  the  unity  of  the 
race,  and  of  course  of  a  supreme  law  regulating  the  conduct  of 
men  and  nations  upon  the  basis  of  absolute  justice  and  equality. 
Locke  adopted  them  when  he  inculcated  that  while  there  was  a 
"  law  of  popular  opinion  or  reputation,"  which  in  society  was 
"  the  measure  of  virtue  and  vice,"  and  while  there  was  a  civil 
law  which  in  the  state  was  "  the  measure  of  crime  and  inno 
cence,"  there  was  also  a  divine  law  which  extended  over  "  all 
society  and  all  states,  and  which  was  the  only  touchstone  of 
moral  rectitude." 

Guizot  closed  his  recital  of  the  decline  of  Roman  civilization, 
with  these  equally  true  and  momentous  reflections  :  "  Had  not 


THE   DESTINY   OF   AMERICA.  333 

the  Christian  church  existed  at  this  time  the  whole  world  must 
have  fallen  a  prey  to  mere  brute  force.  The  Christian  church 
alone  possessed  amoral  power.  It  maintained  and  promulgated 
the  idea  of  a  precept,  o£  a  law  superior  to  all  human  authority. 
It  proclaimed  that  great  truth,  which  forms  the  only  foundation 
of  our  hope  for  humanity,  that  there  exists  a  law  above  all  hu 
man  laws,  which  by  whatever  name  it  may  be  called,  whether 
reason,  the  law  of  God,  or  what  not,  is  at  all  times  and  in  all 
places  the  same,  under  different  names." 

It  ought  not  to  excite  any  surprise  when  I  aver  that  this  phi 
losophy  worked  out  the  American  Revolution.  "  Can  anything," 
said  John  Adams,  in  replying  to  one  who  had  apologized  for  the 
stamp-act, — "  Can  anything  not  abominable  have  provoked  you 
to  commence,  an  enemy  to  human  nature?" 

Alexander  Hamilton,  though  less  necessary  to  the  Revolution 
than  John  Adams,  was  even  more  necessary  to  the  reconstruc 
tion  of  society.  He  directed  against  the  same  odious  stamp-act 
the  authority  of  British  law  as  he  found  it  written  down  by 
Blackstone.  "  The  law  of  nature  being  coeval  with  God  him 
self  is  of  course  superior  to  any  other.  It  is  binding  over  all 
the  globe,  in  all  countries,  and  at  all  time.  No  human  laws  are 
of  any  validity  if  contrary  to  this  ;  and  such  of  them  as  are  valid 
derive  all  their  authority  mediately  or  immediately  from  this 
original."  Then,  as  if  despising  to  stand  on  any  mere  human 
authority,  however  high,  the  framer  of  the  American  constitu 
tion  proceeded,  "  The  sacred  rights  of  mankind  are  not  to  be 
rummaged  for  among  old  parchments  or  musty  records.  They 
are  written  as  with  a  sunbeam  in  the  whole  volume  of  human 
nature,  and  can  never  be  erased  or  obscured  by  mortal  power." 

How  justly  Knox  conceived  the  true  character  of  the  chief 
personage  of  the  Revolution,  even  at  its  very  beginning,  "  The 
great  and  good  Washington,  a  name  which  shall  shine  with  dis 
tinguished  lustre  in  the  annals  of  history,  a  name  dear  to  the 
friends  of  the  liberties  of  mankind." 

La  Fayette  closed  his  review  of  the  Revolution  when  return 
ing  to  France  with  this  glowing  apostrophe  :  "  May  this  great 
temple  which  we  have  just  erected  to  liberty  always  be  an  in 
struction  to  oppressors,  an  example  to  the  oppressed,  a  refuge 


334  ORATION. 

for  the  rights  of  the  human  race,  and  an  object  of  delight  to  the 
manes  of'  its  founders." 

"  Happy,"  said  Washington  when  announcing  the  treaty  of 
peace  to  the  army,  "  thrice  happy  shall  they  be  pronounced  here 
after,  who  shall  have  contributed  anything,  who  shall  have  per 
formed  even  the  meanest  office  in  erecting  this  stupendous  fabric 
of  freedom  and  empire  on  the  broad  basis  of  in  dependency,  who 
shall  have  assisted  in  protecting  the  rights  of  human  nature  and 
establishing  an  asylum  for  the  poor  and  oppressed  of  all  nations 
and  religions." 

You  remember  well  that  the  Revolutionary  Congress  in  the 
Declaration  of  Independence  placed  the  momentous  controversy 
between  the  colonies  of  Great  Britain  on  the  absolute  and  inhe 
rent  equality  of  all  men.  It  is  not  however  so  well  understood 
that  that  body  closed  its  existence  on  the  adoption  of  the  federal 
constitution  with  this  solemn  injunction  addressed  to  the  People 
of  the  United  States,  "  Let  it  be  remembered  that  it  has  ever 
been  the  pride  and  boast  of  America,  that  the  rights  for  which 
she  contended  were  the  rights  of  human  nature." 

No  one  will  contend  that  our  fathers  after  effecting  the  Ecvo- 
lution  and  the  independence  of  their  country  by  proclaiming  this 
system  of  beneficent  political  philosophy,  established  an  entirely 
different  one  in  the  constitution  assigned  to  its  government.  This 
philosophy  then,  is  the  basis  of  the  American  constitution. 

It  is  moreover  a  true  philosophy,  deduced  from  the  nature  of 
man  and  the  character  of  the  Creator.  If  there  were  no  supreme 
law,  then  the  world  would  be  a  scene  of  universal  anarchy,  re 
sulting  from  the  eternal  conflict  of  peculiar  institutions  and  an 
tagonistic  laws.  There  being  such  a  universal  law,  if  any  hu 
man  constitutions  and  laws  differing  from  it  could  have  any 
authority,  then  that  universal  law  could  not  be  supreme.  That 
supreme  law  is  necessarily  based  on  the  equality  of  nations  of 
races  and  of  men.  It  is.  a  simple,  self-evident  basis.  One  na 
tion,  race,  or  individual,  may  not  oppress  or  injure  another,  be 
cause  the  safety  and  welfare  of  each  is  essential  to  the  common 
safety  and  welfare  of  all.  If  all  are  not  equal  and  free,  then 
who  is  entitled  to  be  free,  and  what  evidence  of  his  superiority 
can  he  bring  from  nature  or  revelation  ?  All  men  necessarily 
have  a  common  interest  in  the  promulgation  and  maintenance 


THE   DESTINY   OF   AMERICA.  °85 

of  these  principles,  because  it  is  equally  in  the  nature  of  men  to 
be  content  with  the  enjoyment  of  their  just  rights,  and  to  be  dis 
contented  under  the  privation  of  them.  Just  so  far  as  these 
principles  practically  prevail,  the  stringency  of  government  is 
safely  relaxed,  and  peace  and  harmony  obtained.  But  men  can 
not  maintain  these  principles,  or  even  comprehend  them,  with 
out  a  very  considerable  advance  in  knowledge  and  virtue.  The 
law  of  nations,  Designed  to  preserve  peace  among  mankind,  was 
unknown  to  the  ancients.  It  has  been  perfected  in  our  own 
times  by  means  of  the  more  general  dissemination  of  knowledge 
and  practice  of  the  virtues  inculcated  by  Christianity.  To  dis 
seminate  knowledge  and  to  increase  virtue  therefore  among  men, 
is  to  establish  and  maintain  the  principles  on  which  the  recovery 
and  preservation  of  their  inherent  natural  rights  depend,  and  the 
state  that  does  this  most  faithfully,  advances  most  effectually  the 
common  cause  of  human  nature. 

For  myself,  I  am  sure  that  this  cause  is  not  a  dream,  but  a 
reality.  Have  not  all  rnen  consciousness  of  a  property  in  the 
memory  of  human  transactions  available  for  the  same  great  pur 
poses,  the  security  of  their  individual  rights  and  the  perfection 
of  their  individual  happiness  ?  Have  not  all  men  a  conscious 
ness  of  the  same  equal  interest  in  the  achievements  of  invention, 
in  the  instructions  of  philosophy,  and  in  the  solaces  of  music 
and  the  arts  ?  And  do  not  these  achievements,  instructions,  and 
solaces,  exert  everywhere  the  same  influences,  and  produce  the 
same  emotions  in  the  bosoms  of  nil  men  ?  Since  all  languages 
are  convertible  into  each  other  by  correspondence  with  the  same 
agents,  objects,  actions,  and  emotions,  have  not  all  men  practi 
cally  one  common  language  ?  Since  the  constitutions  and  laws 
of  all  societies  are  only  so  many  various  definitions  of  the  rights 
and  duties  of  men,  as  those  rights  and  duties  are  learned  from 
nature  and  revelation,  have  not  all  men  practically  one  code  of 
moral  duty  1  Since  the  religions  of  men  in  their  various  climes 
are  only  so  many  different  forms  of  their  devotion  toward  a 
Supreme  and  Almighty  Power  entitled  to  their  reverence  and 
receiving  it  under  the  various  names  of  Jehovah,  Jove,  and 
Lord,  have  not  all  men  practically  one  religion  1  Since  all  men 
are  seeking  liberty  and  happiness  for  a  season  here,  and  to  de 
serve  and  so  to  secure  more  perfect  liberty  and  happiness  some 


336  ORATION. 

where  in  a  future  world,  and  since  they  all  substantially  agree 
that  these  temporal  and  spiritual  objects  are  to  be  attained  only 
through  the  knowledge  of  truth  and  the  practice  of  virtue,  have 
not  mankind  practically  one  common  pursuit,  through  one  com 
mon  way,  of  one  common  and  equal  hope  and  destiny  ? 

If  there  had  been  no  such  common  humanity  as  I  have  in 
sisted  upon,  then  the  American  people  would  not  have  enjoyed 
the  sympathies  of  mankind  when  establishing^  institutions  of 
civil  and  religious  liberty  here,  nor  would  their  establishment  here 
have  awakened  in  the  nations  of  Europe  and  of  South  America 
desires  and  hopes  of  similar  institutions  there.  If  there  had 
been  no  such  common  humanity,  then  we  should  not,  ever  since 
the  American  Revolution,  have  seen  human  society  throughout 
the  world  divided  into  two  parties,  the  high  and  the  low — the 
one  perpetually  foreboding  and  earnestly  hoping  the  downfall, 
and  the  other  as  confidently  predicting  and  as  sincerely  desiring 
the  durability,  of  republican  institutions.  If  there  had  been 
no  sucli  common  humanity,  then  we  should  not  have  seen  this 
tide  of  emigration  from  insular  and  continental  Europe,  flowing 
into  our  country  through  the  channels  of  the  St.  Lawrence,  the 
Hudson,  and  the  Mississippi  —  ebbing,  however,  always  with 
the  occasional  rise  of  the  hopes  of  freedom  abroad,  and  always 
swelling  again  into  greater  volume  when  those  premature  hopes 
subside.  If  there  were  no  such  common  humanity,  then  the 
peasantry  and  the  poor  of  Great  Britain  would  not  be  perpet 
ually  appealing  to  us  against?*  the  oppression  of  landlords  on 
their  farms  and  workmasters  in  their  manufactories  and  mines : 
and  so,  on  the  other  hand,  we  should  not  be,  as  we  are  now, 
perpetually  framing  apologies  to  mankind  for  the  continuance 
of  African  slavery  among  ourselves.  If  there  were  no  such 
common  humanity,  then  the  fame  of  Wallace  would  have  long 
ago  died  away  in  his  native  mountains,  and  the  name  even  of 
Washington  would  at  most  have  been  only  a  household  word  in 
Virginia,  and  not,  as  it  is  now,  a  watchword  of  hope  and  prog 
ress  throughout  the  world. 

If  there  had  been  no  such  common  humanity,  then  when  the 
civilization  of  Greece  and  Rome  had  been  consumed  by  the  fires 
of  human  passion,  the  nations  of  modern  Europe  could  never 
have  gathered  from  among  its  ashes  the  philosophy,  the  arts, 


THE   DESTINY   OF   AMERICA.  337 

and  the  religion,  which  were  imperishable,  and  have  recon 
structed  with  those  materials  that  better  civilization  which,  amid 
the  conflicts  and  fall  of  political  and  ecclesiastical  systems,  has 
been  constantly  advancing  toward  perfection  in  every  succeed 
ing  age.  If  there  had  been  no  such  common  humanity,  then  the 
dark  and  massive  Egyptian  obelisk  would  not  have  everywhere 
reappeared  in  the  sepulchral  architecture  of  our  own  times,  and 
the  light  and  graceful  orders  of  Greece  and  Italy  would  not,  as 
now,  have  been  the  models  of  our  villas  and  our  dwellings,  nor 
would  the  simple  and  lofty  arch  and  the  delicate  tracery  of 
Gothic  design  have  been,  as  it  now  is,  everywhere  consecrated 
to  the  service  of  religion.  "  • 

If  there  had  been  no  such  common  humanity,  then  would  the 
sense  of  the  obligation  of  the  Decalogue  have  been  confined  to 
the  despised  nation  who  received  it  from  Mount  Sinai,  and  the 
prophecies  of  Jewish  seers  and  the  songs  of  Jewish  bards  would 
have  perished  for  ever  with  their  temple,  and  never  afterward 
could  they  have  become,  as  they  now  are,  the  universal  utter 
ance  of  the  spiritual  emotions  and  hopes  of  mankind.  If  there 
had  been  no  such  common  humanity,  then  certainly  Europe  and 
Africa  and  even  new  America  would  not,  after  the  lapse  of  cen 
turies,  have  recognised  a  common  Redeemer  from  all  the  suffer 
ings  and  perils  of  human  life  in  a  culprit  who  had  been  igno- 
miniously  executed  in  the  obscure  Roman  province  of  Judea ; 
nor  would  Europe  have  ever  gone  up  in  arms  to  Palestine  to 
wrest  from  the  unbelieving  Turk  the  tomb  where  that  culprit 
had  slept  for  only  three  days  and  nights  after  his  descent  from 
the  cross;  much  less  would  his  traditionary  instructions,  pre 
served  by  fishermen  and  publicans,  have  become  the  chief 
agency  in  the  renovation  of  human  society  through  after-coming 
ages. 

But,  although  this  philosoph}^  is  undeniably  true,  yet  it  would 
be  a  great  error  to  believe  that  it  has  ever  been,  or  is  likely 
soon  to  be,  universally  accepted.  Mankind  accept  philosophy 
just  in  proportion  as  intellectual  and  moral  cultivation  enable 
them  to  look  through  proximate  to  ultimate  consequences. 
While  they  are  deficient  in  that  cultivation,  peace  and  order, 
essential  to  the  very  existence  of  society,  are  necessarily  main 
tained  by  force.  Those  who  employ  that  force  seek  to  perpet- 

15 


338  ORATION. 

uate  tlicir  power,  and  they  do  this  most  effectually  by  dividing 
classes  and  castes,  races  and  nations,  and  arraying  them  for 
mutual  injury  or  destruction  against  each  other.  Despotism 
effects  and  perpetuates  this  division  by  unequal  laws,  subversive 
of  those  of  reason  and  of  God.  Moreover,  a  common  instinct 
of  fear  combines  the  oppressors  of  all  nations  in  a  league  against 
the  advance  of  that  political  philosophy  which  comes  to  liberate 
mankind.  Those  who  inculcate  this  philosophy,  therefore,  neces 
sarily  encounter  opposition  and  expose  themselves  to  danger ; 
and  inasmuch  as  they  labor  from  convictions  of  duty  and  mo 
tives  of  benevolence,  with  such  hazards  of  personal  safety,  their 
principles  and  character  are  justly  regarded  as  heroic.  Adams, 
Hamilton,  La  Fayette,  Knox,  and  Washington,  although  they 
were  the  champions  of  human  nature  —  a  cause  dear  to  all  men — 
were  saved  from  the  revolutionary  scaffold  only  by  the  success 
of  their  treason  against  a  king  whom  the  very  necessities  of 
society  required  to  reign.  Milton's  "  Defence  of  the  People  of 
England,"  which  was  in  truth  a  promulgation  of  the  same  phi 
losophy  which  we  have  been  examining,  was  burned  by  the 
public  executioner,  and  its  immortal  author  only  by  good  fortune 
escaped  the  same  punishment.  The  American  colonists  derived 
this  philosophy  chiefly  from  the  instructions  of  Locke,  Sidney, 
and  Vane.  Locke  fled  into  exile,  and  Sidney  and  Vane  per 
ished  as  felons.  Cicero,  an  earlier  professor  of  the  same  philos 
ophy,  fell  on  the  sword  of  a  public  assassin,  and  Socrates,  who 
first  inculcated  it,  drank  the  fatal  hemlock,  under  a  judicial  sen 
tence,  in  the  jail  of  Athens. 

Still  this  philosophy,  although  heroic,  is  by  no  means,  there 
fore,  to  be  regarded  as  unnecessary  and  visionary.  The  true 
heroic  in  human  thought  and  conduct  is  only  the  useful  in  the 
higher  regions  of  speculation  and  activity.  If  republicanism,  or 
purely  popular  government,  is  the  only  form  of  political  consti 
tution  which  permits  the  development  of  liberty  and  equality, 
which  are  only  other  names  for  political  justice,  and  if  republi 
canism  can  only  be  established  by  the  overthrow  of  despotism, 
then  this  philosophy  is  absolutely  necessary  to  effect  the  free 
dom  of  mankind.  All  the  citizens  of  this  republic  agree  with 
us  thus  far.  But  with  many  this  is  rather  a  speculation  than  a 
vital  faith,  and  so  they  hesitate  to  allow  full  activity  to  the  prin- 


THE   DESTINY   OF    AMERICA.  339 

ciples  thus  acknowledged,  through  fear  of  disturbing  the  har 
mony  of  society  and  the  peace  of  the  world.  Nevertheless,  it 
is  clear  that  the  same  philosophy  which  brings  republican  insti 
tutions  into  existence  must  be  exclusively  relied  upon  to  defend 
and  perpetuate  them.  A  tree  may  indeed  stand  and  grow  and 
flourish  for  many  seasons,  although  it  is  unsound  at  the  heart ; 
but  just  because  it  is  so  unsound,  its  leaves  will  ultimately  wither, 
its  branches  will  fall,  and  its  trunk  will  decay.  It  is  only  the 
house  that  is  built  upon  the  rock  that  can  surely  and  for  ever 
defy  the  tempests  and  the  waves.  The  founders  of  this  repub 
lic  knew  this  great  truth  right  well,  for  they  said  :  "  If  justice, 
good  faith,  honor,  gratitude,  and  all  the  other  qualities  which 
ennoble  a  nation  and  fuliil  the  ends  of  government,  shall  be  the 
fruits  of  our  establishments,  then  the  cause  of  liberty  will  ac 
quire  a  dignity  and  a  lustre  which  it  has  never  yet  enjoyed,  and 
an  example  will  be  set  which  can  not  but  have  the  most  favor 
able  influence  on  mankind.  If,  on  the  other  side,  our  govern 
ments  should  be  unfortunately  blotted  with  the  reverse  of  these 
cardinal  virtues,  then  the  great  cause  which  we  have  engaged 
to  vindicate  will  be  dishonored  and  betrayed.  The  last  and 
fairest  experiment  of  human  nature  will  be  turned  against  them, 
and  their  patrons  and  friends  will  be  silenced  by  the  insults  of 
the  votaries  of  tyranny  and  oppression."* 

The  example  of  Rome  is  often  commended  to  us  for  our  emu 
lation.  Let  us  consider  it  then  with  becoming  care.  Rome  had 
indeed  forms  of  religion  and  morals  and  a  show  of  philosophy 
and  the  arts,  but  in  none  of  these  was  there  more  than  the  faint 
est  recognition  of  a  universal  humanity.  Her  predecessor, 
Greece,  had,  in  a  brilliant  but  brief  and  precocious  career,  in 
vented  the  worship  of  nature,  or,  in  other  words,  the  worship 
of  deities,  which  were  only  names  given  to  the  discovered  forces 
of  nature.  This  religion  did  not  indeed  exalt  the  human  mind 
to  a  just  conception  of  the  Divine,  but,  on  the  other  hand,  it  did 
not  altogether  consign  it  to  the  sphere  of  sensuality.  Rome 
unfortunately  rejected  even  this  poor  religion,  because  it  was  for 
eign  and  because  it  was  too  spiritual ;  and  in  its  stead  she  es 
tablished  one  which  practically  was  the  worship  of  the  state  it 
self.  The  senate  elected  gods  for  Rome,  and  these  were  ex- 
*  Address  of  the  Continental  Congress,  1789. 


340  ORATION. 

pected  to  reward  that  distinguished  partiality  by  showing  pecu 
liar  and  discriminating  favor  to  the  people  of  Rome,  and  the 
same  political  authority  appointed  creed,  precepts,  ritual,  and 
priesthood.  Does  it  need  amplification  to  show  what  the  char 
acter  of  the  creed,  the  precepts,  the  ritual,  and  the  priesthood, 
thus  established  necessarily  were  ?  All  were  equally  licentious 
and  corrupt. 

As  was  the  religion,  so  of  course  were  the  morals  of  Rome. 
Ambition  was  the  sole  motive  of  the  state.  At  first  every  town 
in  Italy,  and  afterward  every  nation,  however  remote,  was  re 
garded  as  an  enemy  to  be  conquered,  not  in  retaliation  for  any 
injuries  received,  nor  even  for  the  purpose  of  amending  its  bar 
barous  institutions  and  laws,  but  to  be  despoiled  and  enslaved, 
that  Rome  might  be  rich  and  might  occupy  the  world  alone. 
Fraud,  duplicity,  and  treachery,  might  be  practised  against  the 
foreigner,  and  every  form  of  cruelty  might  be  inflicted  upon  the 
captive  who  had  resisted  in  self-defence  or  in  defence  of  his 
country.  Military  valor  not  only  became  the  highest  of  virtues 
but  exclusively  usurped  the  name  of  virtue.  The  act  of  parri 
cide  was  the  highest  of  crimes,  not  however  because  of  its  gross 
inhumanity,  but  because  by  a  legal  fiction  the  father  was  a  sa 
cred  type  of  the  Roman  state.  The  sway  of  Rome,  as  it  spread 
over  the  world  as  then  known,  nevertheless  gravitated  toward 
the  city  and  centred  in  the  order  of  Patricians.  The  Plebeians 
were  degraded  and  despised  because  their  ancestors  were  immi 
grants.  Below  the  Plebeians  there  was  yet  a  lower  order,  con 
sisting  of  prisoners-of-war  and  their  offspring,  always  numerous 
enough  to  endanger  the  safety  of  the  state.  These  were  slaves, 
and  the  code  of  domestic  servitude  established  for  the  captured 
Africans  and  their  descendants  in  some  parts  of  our  own  country 
is  a  meliorated  edition  of  that  which  Rome  maintained  for  the 
government  of  slaves  as  various  in  nation,  language,  and  religion, 
as  the  enemies  she  conquered.  These  orders,  mutally  hostile 
and  aggressive,  were  kept  asunder  by  discriminating  laws  and 
carefully -cherished  prejudices.  The  Patricians  divided  the  pub 
lic  domain  among  themselves,  although  Plebeian  blood  was 
shed  as  profusely  as  their  own  in  acquiring  it.  The  Patricians 
alone  administered  justice,  and  they  even  kept  the  forms  of  its 
administration  a  profound  mystery  sealed  against  the  knowledge 


THE   DESTINY   OF   AMERICA.  Ml 

of  those  for  whose  safety  and  welfare  the  laws  existed.  The 
Plebeian  could  approach  the  courts  only  as  a  client  in  the  foot 
steps  of  a  Patrician  patron,  and  for  his  aid  in  obtaining  that  jus 
tice  which  of  course  was  an  absolute  debt  of  the  state  the  Patri 
cian  was  entitled  to  the  support  of  his  client  in  every  enterprise 
of  personal  interest  and  ambition.  Thus  did  Rome,  while  en 
slaving  the  world,  blindly  prepare  the  machinery  for  her  own 
overthrow  by  the  agency  of  domestic  factions.  Industry  in 
Rome  was  dishonored.  The  Plebeians  labored  with  the  slaves. 
Patricians  scorned  all  employments  but  that  of  agriculture  and 
the  service  of  the  state.  And  so  Rome  rejected  commerce  and 
the  arts.  The  person  of  the  Patrician  was  inviolable,  while  the 
Plebeian  forfeited  liberty  and  for  a  long  period  even  life  by  the 
failure  to  pay  debts  which  his  very  necessities  obliged  him  to 
contract.  The  slaves  held  their  lives  by  the  tenure  of  their 
masters'  forbearance,  and  what  that  forbearance  was  we  learn 
from  the  fact  that  they  arrayed  the  slaves  against  each  other, 
when  trained  as  gladiators,  in  mortal  combat  for  the  gratification 
of  their  own  pride  and  the  amusement  of  the  people.  Punish 
ments  were  graduated,  not  by  the  inherent  turpitude  of  the  crimes 
committed,  nor  by  the  injury  or  danger  resulting  from  them  to 
the  state,  but  by  the  rank  of  the  offender.  What  was  that  Ro 
man  liberty  of  which  in  such  general  and  captivating  descrip 
tions  we  read  so  much  ?  The  Patrician  enjoyed  a  licentious 
freedom,  the  Plebeian  an  uncertain  and  humiliating  one,  extorted 
from  the  higher  order  by  perpetual  practices  of  sedition.  Ac 
cording  to  the  modern  understanding  of  popular  rights  and  char 
acter,  there  was  no  people  in  Rome.  So  at  least  we  learn  from 
Cicero  :  "  Non  est  enim  consilium  in  vulgo.  Non  ratio,  non  dis- 
crimen,  non  diligentia.  Semper  que  sapienter  ea  quae,  populus 
fcrenda  non  faudanda." 

The  domestic  affections  were  stifled  in  that  wild  society.  The 
wife  was  a  slave  and  might  be  beaten,  transferred  to  another 
lord,  or  divorced  at  pleasure.  The  father  slew  his  children 
whenever  their  care  and  support  became  irksome,  and  the  state 
approved  the  act.  In  such  a  society  the  rich  and  great  of  course 
grew  always  richer  and  greater,  and  the  poor  and  low  always 
poorer  and  more  debased ;  and  yet  throughout  all  her  long  ca 
reer  did  Rome  never  establish  one  public  charity,  nor  has  his- 


342  ORATION. 

tory  preserved  any  memorable  instances  of  private  benevolence. 
Such  was  the  life  of  Rome  under  her  kings  and  consuls.  She 
attained  the  end  of  her  ambition,  and  became,  as  her  historian 
truly  boasts,  "  Populus  Romanus  victor  dominusque  omnium  gen 
tium"  But  at  the  same  time  the  city  trembled  always  at  the 
very  breathing  of  popular  discontent,  and  every  citizen  and  even 
the  senate,  generals,  and  consuls,  were  every  hour  the  slaves  of 
superstitious  fears  of  the  withdrawal  of  the  favor  of  the  gods. 
The  people  sighing  for  milder  and  more  genial  laws,  after  the 
lapse  of  many  centuries  recovered  the  lost  code  which  the  good 
king  Numa  had  received  from  the  goddess  Egeria.  Do  we 
wonder  that  the  senate  interdicted  its  publication,  lest  it  might 
produce  agitation  dangerous  to  the  public  peace  ?  Or  can  we 
be  surprised  when  we  read  that  Cicero,  whose  philosophy  was 
only  less  than  divine,  when  he  found  that  the  republic  was  ac 
tually  falling  into  ruins,  implored  his  new  academy  to  be  silent  ? 

You  know  well  the  prolonged  but  fearful  catastrophe,  the  civil 
and  the  servile  wars,  the  dictatorship,  the  usurpation,  the  em 
pire,  the  military  despotism,  the  insurrections  in  the  provinces, 
the  invasion  by  barbarians,  the  division  and  the  dismemberment 
and  the  fall  of  the  state,  the  extinction  of  the  Roman  name,  lan 
guage,  and  laws,  and  the  destruction  of  society,  and  even  civili 
zation  itself,  not  only  in  Italy,  but  throughout  the  world,  and  the 
consequent  darkness  which  overshadowed  the  earth  throughout 
seven  centuries.  This  is  the  moral  of  a  state  whose  material  life 
is  stimulated  and  perfected,  while  its  spiritual  life  is  neglected 
and  extinguished. 

And  now  it  is  seen  that  the  future  which  we  ought  to  desire 
for  our  country  involves  besides  merely  physical  prosperity  and 
aggrandizement,  corresponding  intellectual  development  and  ad 
vancement  in  virtue  also.  Has  our  spiritual  life  hitherto  improved 
equally  with  our  material  growth  ? 

It  is  not  easy  to  .answer  the  question.  We  were  at  first  a 
small  and  nearly  a  homogeneous  people.  We  are  now  eight 
times  more  numerous,  and  we  have  incorporated  large  and  vari 
ous  foreign  elements  in  our  society.  We  were  originally  a  ru 
ral  and  agricultural  people.  Now  one  seventh  of  our  population 
is  found  in  manufacturing  towns  and  commercial  cities.  We 
then  were  poor,  and  lived  in  constant  apprehension  of  domestic 


THE   DESTINY   OF   AMERICA.  343 

disorder  and  of  foreign  danger,  and  we  were  at  the  same  time 
distrustful  of  the  capacity  and  stability  of  our  novel  institutions. 
"We  are  now  relatively  rich,  and  all  those  doubts  and  fears  have 
vanished.  We  must  make  allowance  for  this  great  change  of 
circumstances,  and  we  must  remember  also  that  it  is  the  charac 
ter  of  the  great  mass  of  society  now  existing  that  is  to  be  com 
pared  with,  not  the  heroic  models  of  the  revolutionary  age,  but 
with  society  at  large  as  it  then  existed. 

It  is  certain  that  society  has  not  declined.  Religion  has,  in 
deed,  lost  some  of  its  ancient  austerity,  but  waiving  the  question 
whether  asceticism  is  a  just  test  of  religion,  we  may  safely  say 
that  the  change  which  has  occurred  is  only  a  compromise  with 
foreign  elements  of  religion,  for  who  will  deny  that  those  elements 
are  purer  and  more  spiritual  here  than  the  systems  existing  abroad 
from  which  they  have  been  derived  ?  Nor  can  it  be  denied  that 
while  the  ecclesiastical  systems  existing  among  us  have  been, 
with  even  more  than  our  rigorous  early  jealousy,  kept  distinct 
and  separate  from  the  political  conduct  of  the  state,  religious  in 
stitutions  have  been  multiplied  relatively  with  the  advance  of 
settlement  and  population,  and  are  everywhere  well  and  effectu 
ally  sustained.  At  the  era  of  independence  we  had  little  intel 
lectual  reputation,  except  what  a  bold  and  successful  metaphysi 
cian  and  a  vigorous  explorer  in  natural  philosophy  had  won  for 
us.  We  have  now,  I  think,  a  recognised  and  respectable  rank 
in  the  republic  of  letters.  It  is  true,  indeed,  that  we  have 
produced  few  great  works  in  speculative  science  and  polite 
literature  ;  but  those  are  not  the  departments  which,  during 
the  last  half  century  have  chiefly  engaged  the  human  mind. 
A  long  season  of  political  reform  and  recovery  from  exhausting 
wars  has  necessarily  required  intellectual  activity  in  reducing 
into  use  the  discoveries  before  made ;  and  we  may  justly  claim 
that  in  applying  the  elements  of  science  to  the  improvement  and 
advancement  of  agriculture,  art,  and  commerce,  we  have  not 
been  surpassed. 

I  do  not  seek  to  disguise  from  myself,  nor  from  you,  the  ex 
istence  of  a  growing  passion  for  territorial  aggrandizement, 
which  often  exhibits  a  gross  disregard  of  justice  and  humanity. 
Nevertheless,  I  am  not  one  of  those  who  think  that  the  temper 
of  the  nation  has  become  already  unsettled.  Accidents  favor- 


844  ORATIOX. 

ing  the  indulgence  of  that  passion,  have  been  met  with  a  degree 
of  self-denial  that  no  other  nation  ever  practised.  Aggrandize 
ment  has  been  incidental,  while  society  has  nevertheless  be 
stowed  its  chief  care  on  developments  of  natural  resources,  re 
forms  of  political  constitutions,  melioration  of  codes,  the  diffusion 
of  knowledge,  and  the  cultivation  of  virtue.  If  this  benign  pol 
icy  has  been  chiefly  exercised  within  the  domain  of  state  au 
thority,  and  has  not  reached  our  federal  system,  the  explanation 
is  obvious  in  the  facts  that  the  popular  will  is  by  virtue  of  the 
federal  constitution,  slower  in  reaching  that  system,  and  that  we 
inherited  fears  which  seemed  patriotic,  of  the  danger  of  sever 
ance  of  the  Union,  to  result  from  innovation.  If  we  have  not  in 
the  federal  government  forsaken  as  widely  as  we  ought  to  have 
done,  systems  of  administration  borrowed  from  countries  where 
liberty  was  either  unknown  or  was  greatly  abridged,  and  so 
have  maintained  armies,  and  navies,  and  diplomacy,  on  a  scale 
of  unnecessary  grandeur  and  ostentation,  it  can  hardly  be  con 
tended  that  they  have  in  any  great  degree  corrupted  the  public 
virtue.  Inquiry  is.  now  more  active  than  it  has  heretofore  been, 
ami  it  may  not  be  doubted  that  the  federal  action  will  hereafter, 
though  with  such  moderation  as  will  produce  no  danger  and  jus 
tify  no  alarm,  be  made  to  conform  to  the  sentiments  of  prudence, 
enterprise,  justice,  and  humanity,  which  prevail  among  the 
people. 

Looking  through  the  states  which  formed  the  confederacy  in 
its  beginning,  we  iind  as  general  facts,  that  public  order  has 
been  effectually  maintained,  public  faith  has  been  preserved, 
and  public  tranquillity  has  been  undisturbed,  that  justice  has 
everywhere  been  regularly  administered,  and  generally  Avith  im 
partiality.  We  have  established  a  system  of  education,  which, 
it  is  true,  is  surpassed  by  many  European  institutions,  in  regard 
to  the  instruction  afforded,  but  which  nevertheless  is  far  more 
equal  and  universal  in  regard  to  the  masses  which  are  educated  ; 
and  we  are  beginning  to  see  that  system  adapted  equally  to  the 
education  of  both  sexes,  and  of  all  races,  which  is  a  feature 
altogether  new  even  in  modem  civilization,  and  promises  the 
most  auspicious  results  to  the  cause  of  liberty  and  virtue.  Our 
literature  half  a  century  ago  was  altogether  ephemeral  and 
scarcely  formed  an  element  of  moral  or  political  influence.  It 


THE   DESTINY    OF   AMERICA.  -U-") 

is  now  marked  with  our  own  national  principles  and  sentiments, 
and  exerts  every  day  an  increasing  influence  on  the  national 
mind.  The  journalist  press,  originally  a  feeble  institution,  often 
engaged  in  exciting  the  passions  and  alarming  the  fears  of 
society,  and  dividing  it  into  uncompromising  and  unforgiving 
factions,  has  been  constantly  assuming  a  higher  tone  of  morality 
and  more  patriotic  and  humane  principles  of  action.  There  are 
indeed  gross  abuses  of  the  power  of  suffrage,  but  still  our  popu 
lar  elections  on  the  whole,  express  the  will  of  the  people,  and 
are  even  less  influenced  by  authority,  prejudice,  and  passion, 
than  heretofore.  Slavery,  an  institution  that  was  at  first  quite 
universal,  has  now  come  to  be  acknowledged  as  a  peculiar  one 
existing  in  only  a  portion  of  the  states.  And  if,  as  I  doubt  not, 
you,  like  myself,  are  impatient  of  its  continuance,  then  you  will 
nevertheless  find  ground  for  much  satisfaction  in  the  fact  that 
the  foreign  slave  trade  has  been  already  by  unanimous  consent 
of  all  the  states  condemned  and  repudiated,  that  manumission 
has  been  eifected  in  half  of  the  states,  and  that,  notwithstanding 
the  great  political  influence  which  the  institution  has  been  able 
to  organize,  a  healthful,  constant,  and  growing  public  sentiment, 
nourished  by  the  suggestions  of  sound  economy  and  the  instincts 
of  justice  and  humanity,  is  leading  the  way  with  marked  ad 
vance  toward  a  complete  and  universal  though  just  and  peace 
ful  emancipation. 

It  must  be  borne  in  mind,  now,  that  all  this  moral  and  social 
improvement  has  been  effected,  not  by  the  exercise  of  any 
authority  over  the  people,  but  by  the  people  themselves  acting 
with  freedom  from  all  except  self-imposed  restraints. 

Of  the  new  states  it  is  happily  true  that  they  have,  almost 
without  exception,  voluntarily  organized  their  governments  ac 
cording  to  the  most  perfect  models  furnished  by  the  elder  mem 
bers  of  the  confederacy,  and  that  they  have  uniformly  main 
tained  law,  order,  and  faith,  while  they  have  with  wonderful 
forecast  been  even  more  munificent  than  the  elder  states  in  lay 
ing  broad  foundations  of  liberty  and  virtue.  On  the  whole,  we 
think  that  we  may  claim  that,  under  the  republican  system  estab 
lished  here,  the  people  have  governed  themselves  safely  and 
wisely,  and  have  enjoyed  a  greater  amount  of  prosperity  and 

15* 


346  ORATION. 

happiness  than,  under  any  form  of  constitution,  was  ever  before 
or  elsewhere  vouchsafed  to  any  portion  of  mankind. 

Nevertheless,  this  review  proves  only  that  the  measure  of 
knowledge  and  virtue  we  possess  is  equal  to  the  exigency  of 
the  republic  under  the  circumstances  in  which  it  was  organized. 
Those  circumstances  are  passing  away,  and  we  are  entering  a 
career  of  wealth,  power,  and  expansion.     In  that  career,  it  is 
manifest  that  we  shall  need  higher  intellectual  attainments  and 
greater  virtue  as  a  nation  than  we  have  hitherto  possessed,  or 
else  there  is  no  adaptation  of  means  to  ends  in  the  scheme  of 
the  Divine  government.     Nay,  we  shall  need  in  this  new  emer 
gency  intellect  and  virtue  surpassing  those  of  the  honored  found 
ers  of  the  republic.     I  am  aware  that  this  proposition  will  seem 
to  you  equally  unreasonable  and  irreverent.     Nevertheless,  you 
will  on  a  moment's  reflection  admit  its  truth.     Did  the  invention 
of  the  nation  stop  with  the  discoveries  of  Fulton  and  Franklin  ? 
On  the  contrary,  those  philosophers,  if  they  could  now  revisit 
the  earth,  would  bow  to  the  genius  which  has  perfected  the 
steam-engine  and  the  telegraph  with  a  homage  as  profound  as 
that  with  which  we  honor  their  own  great  memory.     So  I  think 
Jefferson,  and  even  Washington,  under  the  same  circumstances, 
instead  of  accusing  us  of  degeneracy,  would  be  lost  in  admira 
tion  of  the  extent  and  perfection  to  which  we  have  safely  car 
ried  in  practice  the  theory  of  self-government  which  they  estab 
lished  amid  so  much  uncertainty,  and  bequeathed  to  us  with  so 
much  distrust.     Shall  we  acquit  ourselves  of  obligation  if  we 
rest  content  with   either  the   achievements,  the  intelligence,  or 
the  virtue  of  our  ancestors  1     If  so,  then  the  prospect  of  man 
kind  is  hopeless  indeed,  for  then  it  must  be  true  that  not  only  is 
there  an  impassable  stage  of  social  perfection,  but  that  we  have 
reached  it,  and  that,  henceforth,  not  only  we  but  all  mankind 
must  recede  from  it,  and  civilization  must  everywhere  decline. 
Such  a  hypothesis  does  violence  to  every  power  of  the  human 
mind  and   every  hope  of  the  human  heart.     Moreover,  these 
energies  and  aspirations  are  the  forces  of  a  divine  nature  within 
us,  and  to  admit  that  they  can  be  stifled  and  suppressed  is  to 
contradict  the  manifest  purposes  of  human  existence.     Yet  it 
will  be  quite  absurd  to  claim  that  we  are  fulfilling  these  pur 
poses,  if  we  shall  fail  to  produce  hereafter  benefactors  of  our 


THE   DESTINY   OF   AMERICA.  347 

race  equal  to  Fulton,  and  Franklin,  and  Adams,  and  even 
Washington.  Let  us  hold  these  honored  characters  indeed  as 
models  but  not  of  unapproachable  perfection.  Let  us,  on  the 
contrary,  weigh  and  fully  understand  our  great  responsibilities. 
It  is  well  that  we  can  rejoice  in  the  renown  of  a  Cooper,  an 
Irving,  and  a  Bancroft,  but  we  have  yet  to  give  birth  to  a 
Shakspere,  a  Milton,  and  a  Bacon.  The  fame  of  Patrick 
Henry  and  of  John  Adams  may  suffice  for  the  past,  but  the 
world  will  yet  demand  of  us  a  Burke  and  a  Demosthenes.  We 
may  repose  for  the  present  upon  the  fame  of  Morse  and  Fulton 
and  Franklin,  but  human  society  is  entitled  to  look  to  us,  ere 
long,  for  a  Des  Cartes  and  a  Newton.  If  we  disappoint  these 
expectations  and  acknowledge  ourselves  unequal  to  them,  then 
how  shall  it  be  made  to  appear  that  freedom  is  better  than 
slavery,  and  republicanism  more  conducive  to  the  welfare  of 
mankind  than  despotism  ?  To  cherish  aspirations  humbler  than 
these,  is  equally  to  shrink  from  our  responsibilities  and  to  dis 
honor  the  memory  of  the  ancestors  we  so  justly  revere. 

And  now  I  am  sure  that  your  hearts  will  sink  into  some  depth 
of  despondency  when  I  ask  whether  American  society  now 
exhibits  the  influences  of  these  higher  but  necessary  aspirations  ? 
I  think  that  everywhere  there  is  confessed  a  decline  from  the 
bold  and  stern  virtue  which,  at  some  previous  time,  was  incul 
cated  and  practised  in  executive  councils  and  in  representative 
chambers.  I  think  that  we  all  are  conscious  that  recently  we 
have  met  questions  of  momentous  responsibility,  in  the  organ 
ization  of  governments  over  our  newly-acquired  territories,  and 
appeals  to  our  sympathy  and  aid  for  oppressed  nations  abroad 
in  a  spirit  of  timidity  and  of  compromise.  I  think  that  we  all 
are  conscious  of  having  abandoned  something  of  our  high  moral 
ity,  in  suffering  important  posts  of  public  service,  at  home  and 
abroad,  to  fall  sometimes  into  the  hands  of  mercenary  men, 
destitute  of  true  republican  spirit,  and  of  generous  aspirations  to 
promote  the  welfare  of  our  country  and  of  mankind  :  — 
"Souls  that  no  hope  of  future  praise  inflame, 
Cold  and  insensible  to  glorious  fame." 

I  think  that  we  are  accustomed  to  excuse  the  national  demor 
alization  which  has  produced  these  results,  on  the  ground  that 
the  practice,  of  a  sterner  virtue  might  have  disturbed  the  har- 


oiS  OllATIOX. 

mony  of  society,  and  endangered  the  safety  o£  that  fabric  of 
union  on  which  all  our  hopes  depend.  In  this  we  forget  that  a 
nation  must  always  recede  if  it  be  not  actually  advancing  ;  that 
«s  hope  is  the  element  of  progress,  so  fear  admitted  into  public 
counsels  betrays  like  treason. 

But  there  is,  nevertheless,  no  sufficient  reason  for  the  distrust 
of  the  national  virtue.  Moral  forces  are  like  material  forces, 
subject  to  conflict  and  reaction.  It  is  only  through  successive 
reaction  that  knowledge  and  virtue  advance.  The  great  con 
servative  and  restorative  forces  of  society  still  remain,  and  are 
acquiring,  all  the  while,  even  greater  vigor  than  they  have  ever 
heretofore  exercised.  Whether  I  am  right  or  not  in  this  opinion, 
all  will  agree  that  an  increase  of  popular  intelligence  and  a 
renewal  of-  public  virtue  are  necessary.  This  is  saying  nothing 
new,  for  it  is  a  maxim  of  political  science  that  all  nations  must 
continually  advance  in  knowledge  and  renew  their  constitutional 
virtues,  or  must  perish.  I  am  sure  that  we  shall  do  this,  because 
I  am  sure  that  our  great  capacity  for  advancing  the  welfare  of 
mankind  has  not  yet  been  exhausted,  and  that  the  promises  we 
have  given  to  the  cause  of  humanity  will  not  be  suffered  to  fail 
by  Him  who  overrules  all  human  events  to  the  promotion  of 
that  cause. 

But  where  is  the  agency  that  is  to  work  out  these  so  neces 
sary  results  1  Shall  we  look  to  the  press  ?  Yes,  we  may  hope 
much  from  the  press,  for  it  is  free.  It  can  safely  inculcate  truth 
and  expose  prejudice,  error,  and  injustice.  The  press,  moreover, 
is  strong  in  its  perfect  mechanism,  and  it  reaches  every  mind 
throughout  this  vast  and  ever-widening  confederacy.  But  the 
press  must  have  editors,  and  authors  —  men  possessing  talents, 
education,  and  virtue,  and  so  qualified  to  instruct,  enlighten,  and 
jruMe  the  people. 

Shall  we  look  to  the  sacred  desk?  Yes,  indeed;  for  it  is  of 
divine  institution  and  is  approved  by  human  experience.  The 
ministers  of  Christ,  inculcating  divine  morals,  under  divine  au 
thority,  with  divine  sanctions,  and  sustained  and  aided  by  special 
co-operating  influences  of  the  Divine  Spirit,  are  now  carrying 
further  and  broadly  onward  the  great  work  of  the  renewal  of 
the  civilization  of  the  world,  and  its  emancipation  from  supersti- 
tion  and  despotism.  But  the  desk,  also,  must  have  ministers  — 


THE   DESTINY    OF    AMERICA.  Mv 

men  possessing  talents,  education,  and  virtue,  and  so  qualified 
to  enlighten,  instruct,  and  guide  mankind. 

But  however  well  the  press,  the  desk,  and  the  popular  trib 
une,  may  be  qualified  to  instruct  and  elevate  the  people,  their 
success  and  consequently  their  influence  must  after  all  depend 
largely  on  the  measure  of  intelligence  and  virtue  possessed  by 
the  people  when  sufficiently  matured  to  receive  their  instructions. 
Editors,  authors,  ministers,  statesmen,  and  people,  all  are  qualified 
for  their  respective  posts  of  duty  in  the  institutions  of  popular 
education,  and  the  standard  of  these  is  established  by  that  which 
is  recognised  among  us  by  the  various  names  pf  the  academy, 
the  college,  and  the  university.  We  see,  then,  that  the  univer 
sity  holds  a  chief  place  among  the  institutions  of  the  American 
Republic. 

I  may  not  attempt  to  specify  at  large  what  the  university 
ought  to  teach  or  how  it  ought  to  impart  its  instructions.  That 
has  been  confided  to  abler  and  more  practical  hands.  But  I 
may  venture  to  insist  on  the  necessity  of  having  the  standard  of 
moral  duty  maintained  at  its  just  height  by  the  university.  That 
institution  must  be  rich  and  full  in  the  knowledge  of  the  sciences 
which  it  imparts,  but  this  is  not  of  itself  enough.  It  must  imbue 
the  national  mind  with  correct  convictions  of  the  greatness  and 
excellence  to  which  it  ought  to  aspire.  To  do  this  it  must  ac 
custom  the  public  mind  to  look  beyond  the  mere  temporary  con 
sequences  of  actions  and  events  to  their  ultimate  influence  on  the 
direction  of  the  republic  and  on  the  progress  of  mankind.  So  it 
will  enable  men  to  decide  between  prejudice  and  reason,  expe 
diency  and  duty,  the  demagogue  and  the  statesman,  the  bigot 
and  the  Christian. 

The  standard  which  the  university  shall  establish  must  cor 
respond  to  the  principles  of  eternal  truth  and  equal  justice.  The 
university  must  be  conservative.  It  must  hold  fast  every  just 
principle  of  moral  and  political  science  that  the  experience  of 
mankind  has  approved,  but  it  must  also  be  bold,  remembering 
that  in  every  human  system  there  are  always  political  supersti 
tions  upholding  physical  slavery  in  some  of  its  modes,  as  there 
are  always  religious  superstitions  upholding  intellectual  slavery 
in  some  of  its  forms ;  that  all  these  superstitions  stand  upon  pre 
scriptions,  and  that  they  can  only  be  exploded  where  opinion  is 


350  ORATION. 

left  free,  and  reason  is  ever  active  and  vigorous.  But  the  uni 
versity  must  nevertheless  practise  and  teach  moderation  and 
charity  even  to  error,  remembering  that  involuntary  error  will 
necessarily  be  mingled  also  even  with  its  own  best  instructions, 
that  unbridled  zeal  overreaches  and  defeats  itself,  and  that  he 
who  would  conquer  in  moral  discussion,  like  him  who  would  pre 
vail  in  athletic  games,  must  be  temperate  in  all  things. 

Reverend  Instructors  and  Benevolent  Founders,  this  new  in 
stitution  by  reason  of  its  location  in  the  centre  of  Ohio,  itself  a 
central  one  among  these  thirty-one  united  communities,  must 
exert  an  influence  that  can  scarcely  be  conceived,  now,  upon  the 
welfare  and  fame  of  our  common  country.  Devote  it  then  I 
pray  you  to  no  mere  partisan  or  sectarian  objects.  Remember 
that  the  patriot  and  the  Christian  is  a  partisan  or  a  sectarian, 
only  because  the  constitution  of  society  allows  him  no  other  mode 
of  efficient  and  beneficent  activity.  Let  "  Capital  University" 
be  dedicated  not  to  the  interests  of  the  beautiful  city  which  it 
adorns,  nor  even  to  the  interests  of  the  great  and  prosperous  state 
whose  patronage  I  hope  it  will  largely  enjoy,  nor  even  to  the 
Republic  of  which  I  trust  it  is  destined  to  become  a  tower  of 
strength  and  support.  On  the  contrary  if  you  would  make  it 
promote  most  effectually  all  these  precious  interests,  dedicate  it, 
I  enjoin  upon  you,  as  our  forefathers  dedicated  all  the  institutions 
which  they  established,  to  the  cause  of  Human  Nature. 


NEBRASKA  AND  KANSAS. 

FREEDOM  AND  PUBLIC  FAITH.* 

MR.  PRESIDENT  :  The  United  States,  at  the  close  of  the 
Revolution,  rested  southward  on  the  St.  Mary's,  and  westward 
on  the  Mississippi,  and  possessed  a  broad,  unoccupied  domain, 
circumscribed  by  those  rivers,  the  Alleghany  mountains,  and  the 
great  northern  lakes.  The  constitution  anticipated  a  division 
of  this  domain  into  states,  to  be  admitted  as  members  of  the 
Union,  but  it  neither  provided  for  nor  foresaw  any  enlargement 
of  the  national  boundaries.  The  people,  engaged  in  reorgani 
zing  their  governments,  improving  their  social  systems,  and 
establishing  relations  of  commerce  and  friendship  with  other  na 
tions,  remained  many  years  content  within  their  apparently  am 
ple  limits.  But  it  was  already  known  that  the  free  navigation 
of  the  Mississippi  would  soon  become  an  urgent  public  want. 

France,  although  she  had  lost  Canada,  in  chivalrous  battle, 
on  the  Heights  of  Abraham,  in  1763,  nevertheless,  still  retained 
her  ancient  territories  on  the  western  bank  of  the  Mississippi. 
She  had  also,  just  before  the  breaking  out  of  her  own  fearful 
revolution,  re-acquired,  by  a  secret  treaty,  the  possessions  on  the 
Gulf  of  Mexico,  which,  in  a  recent  war,  had  been  wrested  from 
her  by  Spain.  Her  first  consul,  among  those  brilliant  achieve 
ments  which  proved  him  the  first  statesman  as  well  as  the  first 
captain  of  Europe,  sagaciously  sold  the  whole  of  these  posses 
sions  to  the  United  States,  for  a  liberal  sum,  and  thus  replen- 
*Speecl»  in  the  United  States  Senate,  February  17,  1854. 


352  SPEECHES   IN    THE    UNITED   STATES   SENATE. 

ishecl  his  treasury,  while  lie  saved  from  his  enemies,  and  trans 
ferred  to  a  friendly  power,  distant  and  vast  regions,  which,  for 
want  of  adequate  naval  force,  he  was  unable  to  defend. 

This  purchase  of  Louisiana  from  France  by  the  United 
States,  involved  a  grave  dispute  concerning  the  western  limits 
of  that  province ;  and  that  controversy,  having  remained  open 
until  1819,  was  then  adjusted  by  a  treaty,  in  which  they  relin 
quished  Texas  to  Spain,  and  accepted  a  cession  of  the  early-dis 
covered  and  long-inhabited  provinces  of  East  Florida  and  West 
Florida.  The  United  States  stipulated,  in  each  of  these  cases, 
to  admit  the  countries  thus  annexed  into  the  federal  Union. 

The  acquisitions  of  Oregon,  by  discovery  and  occupation,  of 
Texas,  by  voluntary  annexation,  and  of  New  Mexico  and  Cali 
fornia,  including  what  is  now  called  Utah,  by  war,  completed 
the  rapid  course  of  enlargement,  at  the  close  of  which  our  fron 
tier  has  been  fixed  near  the  centre  of  what  was  New  Spain,  on 
the  Atlantic  side  of  the  continent,  while  on  the  west,  as  on  the 
east,  only  an  ocean  separates  us  from  the  nations  of  the  old 
world.  It  is  not  in  my  way  now  to  speculate  on  the  question, 
how  long  we  are  to  rest  on  these  advanced  positions. 

Slavery,  before  the  Revolution,  existed  in  all  the  thirteen 
colonies,  as  it  did  also  in  nearly  all  the  other  European  planta 
tions  in  America.  But  it  had  been  forced  by  British  authority, 
for  political  and  commercial  ends,  on  the  American  people, 
against  their  own  sagacious  instincts  of  policy,  and  their  stronger 
feelings  of  justice  and  humanity. 

They  had  protested  and  remonstrated  against  the  system, 
earnestly,  for  forty  years,  and  they  ceased  to  protest  and  remon 
strate  against  it  only  when  they  finally  committed  their  entire 
cause  of  complaint  to  the  arbitrament  of  arms.  An  earnest 
spirit  of  emancipation  was  abroad  in  the  colonies  at  the  close  of 
the  Revolution,  and  all  of  them,  except,  perhaps,  South  Carolina 
and  Georgia,  anticipated,  desired,  and  designed  an  early  re 
moval  of  the  system  from  the  country.  The  suppression  of  the 
African  slave-trade,  which  was  universally  regarded  as  ancillary 
to  that  great  measure,  was,  with  much  reluctance,  postponed 
until  1808. 

While  there  was  no  national  power,  and  no  claim  or  desire 
for  national  power,  anywhere,  to  compel  involuntary  emancipa- 


NEBRASKA   AND   KANSAS.  353 

• 

tion  in  the  states  where  slavery  existed,  there  was  at  the  same 
time  a  very  general  desire  and  a  strong  purpose  to  prevent  its 
introduction  into  new  communities  yet  to  be  formed,  and  into 
new  states  yet  to  be  established.  Mr.  Jefferson  proposed,  as 
early  as  1784,  to  exclude  it  from  the  national  domain  which 
should  be  constituted  by  cessions  from  the  states  to  the  United 
States.  He  recommended  and  urged  the  measure  as  ancillary, 
also,  to  the  ultimate  policy  of  emancipation.  There  seems  to 
have  been  at  first  no  very  deep  jealousy  between  the  emancipa 
ting  and  the  non-emancipating  states ;  and  the  policy  of  admit 
ting  new  states  was  not  disturbed  by  questions  concerning 
slavery.  Vermont,  a  non-slaveholding  state,  was  admitted  in 
1793.  Kentucky,  a  tramontane  shareholding  community,  hav 
ing  been  detached  from  Virginia,  was  admitted,  without  being 
questioned,  about  the  same  time.  So,  also,  Tennessee,  which 
was  a  similar  community  separated  from  North  Carolina,  was 
admitted  in  1796,  with  a  stipulation  that  the  ordinance  which 
Mr.  Jefferson  had  first  proposed,  and  which  had  in  the  mean 
time  been  adopted  for  the  territory  northwest  of  the  Ohio,  should 
not  be  held  to  apply  within  her  limits.  The  same  course  was 
adopted  in  organizing  territorial  governments  for  Mississippi  and 
Alabama,  slaveholding  communities  which  had  been  detached 
from  South  Carolina  and  Georgia.  All  these  states  and  territo 
ries  were  situated  southwest  of  the  Ohio  river,  all  were  more  or 
less  already  peopled  by  slaveholders  with  their  slaves ;  and  to 
have  excluded  slavery  within  their  limits  would  have  been  a 
national  act,  not  of  preventing  the  introduction  of  slavery,  but 
of  abolishing  slavery.  In  short,  the  region  southwest  of  the 
Ohio  river  presented  a  field  in  which  the  policy  of  preventing 
the  introduction  of  slavery  was  impracticable.  Our  forefathers 
never  attempted  what  was  impracticable. 

But  the  case  was  otherwise  in  that  fair  and  broad  region 
which  stretched  away  from  the  banks  of  the  Ohio,  northward  to 
the  lakes,  and  westward  to  the  Mississippi.  It  was  yet  free,  or 
practically  free,  from  the  presence  of  slaves,  and  was  nearly  un 
inhabited,  and  quite  unoccupied.  There  was  then  no  Baltimore 
and  Ohio  railroad,  no  Erie  railroad,  no  New  York  Central  rail 
road,  no  Boston  and  Ogdensburgh  railroad ;  there  was  no  rail 
road  through  Canada ;  nor,  indeed,  any  road  around  or  across 


354          SPEECHES   IN   THE   UNITED   STATES   SENATE. 

the  mountains ;  no  imperial  Erie  canal,  no  Welland  canal,  no 
lockage  around  the  rapids  and  the  falls  of  the  St.  Lawrence, 
the  Mohawk,  and  the  Niagara  rivers,  and  no  steam  navigation 
on  the  lakes  or  on  the  Hudson,  or  on  the  Mississippi.  There, 
in  that  remote  and  secluded  region,  the  prevention  of  the  in 
troduction  of  slavery  was  possible ;  and  there  our  forefathers, 
who  left  no  possible  national  good  unattempted,  did  prevent  it. 
It  makes  one's  heart  bound  with  joy  and  gratitude,  and  lift 
itself  up  with  mingled  pride  and  veneration,  to  read  the  history 
of  that  great  transaction.  Discarding  the  trite  and  common 
forms  of  expressing  the  national  will,  they  did  not  merely  "vote," 
or  "resolve,"  or  "enact,"  as  on  other  occasions,  but  they  "OR 
DAINED,"  in  language  marked  at  once  with  precision,  amplifica 
tion,  solemnity,  and  emphasis,  that  there  "  shall  be  neither 
slavery  nor  involuntary  servitude  in  the  said  territory,  otherwise 
than  in  the  punishment  of  crime,  whereof  the  party  shall  have 
been  duly  convicted."  And  they  further  ORDAINED  and  declared 
that  this  law  should  be  considered  a  COMPACT  between  the 
original  states  and  the  people  and  states  of  said  territory,  and 
for  ever  remain  unalterable,  unless  by  common  consent.  The 
ordinance  was  agreed  to  unanimously.  Virginia,  in  reaffirming 
her  cession  of  the  territory,  ratified  it,  and  the  first  Congress 
held  under  the  constitution  solemnly  renewed  and  confirmed  it. 

In  pursuance  of  this  ordinance,  the  several  territorial  gov 
ernments  successively  established  in  the  northwest  territory 
were  organized  with  a  prohibition  of  the  introduction  of  slavery, 
and  in  due  time,  though  at  successive  periods,  Ohio,  Indiana, 
Illinois,  Michigan,  and  Wisconsin,  states  erected  within  that  ter 
ritory,  have  come  into  the  Union  with  constitutions  in  their 
hands  for  ever  prohibiting  slavery  and  involuntary  servitude, 
except  for  the  punishment  of  crime.  They  are  yet  young  ;  but, 
nevertheless,  who  has  ever  seen  elsewhere  such  states  as  they 
are !  There  are  gathered  the  young,  the  vigorous,  the  active, 
the  enlightened  sons  of  every  state,  the  flower  and  choice  of 
every  state  in  this  broad  Union ;  and  there  the  emigrant  for 
conscience'  sake,  and  for  freedom's  sake,  from  every  land  in 
Europe,  from  proud  and  all-conquering  Britain,  from  heart-broken 
Ireland,  from  sunny  Italy,  from  mercurial  France,  from  spiritual 
Germany,  from  chivalrous  Hungary,  and  from  honest  and  brave 


FREEDOM  AND  PUBLIC  FAITH.  355 

old  Sweden  and  Norway.  Thence  are  already  coming  ample 
supplies  of  corn  and  wheat  and  wine  for  the  manufacturers  of 
the  East,  for  the  planters  of  the  tropics,  and  even  for  the  arti 
sans  and  the  armies  of  Europe  ;  and  thence  will  continue  to  come 
in  long  succession,  as  they  have  already  begun  to  come,  states 
men  and  legislators  for  this  continent. 

Thus  it  appears  Mr.  President,  that  it  was  the  policy  of  our 
fathers,  in  regard  to  the  original  domain  of  the  United  States,  to 
prevent  the  introduction  of  slavery,  wherever  it  was  practicable. 
This  policy  encountered  greater  difficulties  when  it  came  under 
consideration  with  a  view  to  its  establishment  in  regions  not  in 
cluded  within  our  original  domain.  While  slavery  had  been  ac 
tually  abolished  already,  by  some  of  the  emancipating  states, 
several  of  them,  owing  to  a  great  change  in  the  relative  value 
of  the  productions  of  slave  labor,  had  fallen  off  into  the  class  of 
non-emancipating  states ;  and  now  the  whole  family  of  states 
was  divided  and  classified  as  slaveholding  or  slave  states,  and 
non-slaveholding  or  free  states.  A  rivalry  for  political  ascen 
dency  was  soon  developed ;  and,  besides  the  motives  of  interest 
and  philanthropy  which  had  before  existed,  there  was  now  on 
each  side  a  desire  to  increase,  from  among  the  candidates  for 
admission  into  the  Union,  the  number  of  states  in  their  respec 
tive  classes,  and  so  their  relative  weight  and  influence  in  the 
federal  councils. 

The  country  which  had  been  acquired  from  France  was,  in 
1804,  organized  in  two  territories,  one  of  which,  including  New 
Orleans  as  its  capital,  was  called  Orleans,  and  the  other,  having 
St.  Louis  for  its  chief  town,  was  called  Louisiana.  In  1812,  the 
territory  of  Orleans  was  admitted  as  a  new  state,  under  the  name 
of  Louisiana.  It  had  been  an  old  slaveholding  colony  of  France, 
and  the  prevention  of  slavery  within  it  would  have  been  a  sim 
ple  act  of  abolition.  At  the  same  time,  the  territory  of  Louisi 
ana,  by  authority  of  Congress,  took  the  name  of  Missouri;  and, 
in  1819,  the  portion  thereof  which  now  constitutes  the  state  of 
Arkansas  was  detached,  and  became  a  territory,  under  that 
name.  In  1819,  Missouri,  which  was  then  but  thinly  peopled, 
and  had  an  inconsiderable  number  of  slaves,  applied  for  admis 
sion  into  the  Union,  and  her  application  brought  the  question  of 
extending  the  policy  of  the  ordinance  of  1787  to  that  state,  and 


356  SPEECHES  IN   THE   UNITED   STATES  SENATE. 

to  other  new  states  in  the  region  acquired  from  France,  to  a 
direct  issue.  The  house  of  representatives  insisted  on  a  pro 
hibition  against  the  further  introduction  of  slavery  in  the  state, 
as  a  condition  of  her  admission.  The  senate  disagreed  with  the 
house  in  that  demand.  The  non-slaveholding  states  sustained 
the  house,  and  the  slaveholding  states  sustained  the  senate. 
The  difference  was  radical,  and  tended  toward  revolution. 

One  party  maintained  that  the  condition  demanded  was  con 
stitutional,  the  other  that  it  was  unconstitutional.  The  public 
mind  became  intensely  excited,  and  painful  apprehensions  of  dis 
union  and  civil  war  began  to  prevail  in  the  country. 

In  this  crisis,  a  majority  of  both  houses  agreed  upon  a  plan  for 
the  adjustment  of  the  controversy.  By  this  plan,  Maine,  a  non- 
slaveholding  state,  was  to  be  admitted;  Missouri  was  to  be  ad 
mitted  without  submitting  to  the  condition  before  mentioned ; 
and  in  all  that  part  of  the  territory  acquired  from  France,  which 
was  north  of  the  line  of  36°  30'  of  north  latitude,  slavery  was  to  be 
for  ever  prohibited.  Louisiana,  which  was  a  part  of  that  terri 
tory,  had  been  admitted  as  a  slave  state  eight  years  before ;  and 
now,  not  only  was  Missouri  to  be  admitted  as  a  slave  state,  but 
Arkansas,  which  was  south  of  that  line,  by  strong  implication, 
was  also  to  be  admitted  as  a  slaveholding  state.  I  need  not  in 
dicate  what  were  the  equivalents  which  the  respective  parties 
were  to  receive  in  this  arrangement,  further  than  to  say  that  the 
slaveholding  states  practically  were  to  receive  slaveholding  states, 
the  free  states  to  receive  a  desert,  a  solitude,  in  which  they  might 
if  they  could,  plant  the  germs  of  future  free  states.  This  meas 
ure  was  adopted.  It  was  a  great  national  transaction  —  the  first 
of  a  class  of  transactions  which  have  since  come  to  be  thoroughly 
defined  and  well  understood,  under  the  name  of  compromises. 
My  own  opinions  concerning  them  are  well  known,  and  are  not 
in  question  here.  According  to  the  general  understanding,  they 
are  marked  by  peculiar  circumstances  and  features,  viz. : 

First,  there  is  a  division  of  opinion  upon  some  vital  national 
question  between  the  two  houses  of  Congress,  which  division  is 
irreconcilable,  except  by  mutual  concessions  of  interests  and 
opinions,  which  the  houses  deem  constitutional  and  just. 

Secondly,  they  are  rendered  necessary  by  impending  calam 
ities,  to  results  from  the  failure  of  legislation,  and  to  be  no 


THE   MISSOURI   COMPROMISE.  357 

otherwise  averted  than  by  such  mutual  concessions,  or  sacri 
fices. 

Thirdly,  such  concessions  are  mutual  and  equal,  or  are  accept 
ed  as  such,  and  so  become  conditions  of  the  mutual  arrangement. 

Fourthly,  by  this  mutual  exchange  of  conditions,  the  transac 
tion  takes  on  the  nature  and  character  of  a  contract,  compact,  or 
treaty,  between  the  parties  represented ;  and  so,  according  to 
well-settled  principles  of  morality  and  public  law,  the  statute 
which  embodies  it  is  understood,  by  those  who  uphold  this  sys 
tem  of  legislation  to  be  irrevocable  and  irrepealable,  except  by 
the  mutual  consent  of  both,  or  of  all  the  parties  concerned.  Not 
indeed,  that  it  is  absolutely  irrepealable,  but  that  it  can  not  be 
repealed  without  a  violation  of  honor,  justice,  and  good  faith, 
which  it  is  presumed  will  not  be  committed. 

Such  was  the  compromise  of  1820.  Missouri  came  into  the 
Union  immediately  as  a  slaveholding  state,  and  Arkansas  came 
in  as  a  slaveholding  state,  sixteen  years  afterward.  Nebraska, 
the  part  of  the  territory  reserved  exclusively  for  free  territories 
and  free  states,  has  remained  a  wilderness  ever  since.  And  now 
it  is  proposed  here  to  abrogate,  not,  indeed,  the  whole  compro 
mise,  but  only  that  part  of  it  which  saved  Nebraska  as  a  free 
territory,  to  be  afterward  divided  into  non-slaveholding  states, 
which  should  be  admitted  into  the  Union.  And  this  is  ^proposed, 
notwithstanding  a  universal  acquiescence  in  the  compromise,  by 
both  parties,  for  thirty  years,  and  its  confirmation,  over  and  over 
again,  by  many  acts  of  successive  Congresses,  and  notwithstand 
ing  that  the  slaveholding  states  have  peaceably  enjoyed,  ever 
since  it  was  made,  all  their  equivalents,  while,  owing  to  circum 
stances  which  will  hereafter  appear,  the  non-slaveholding  states 
have  not  practically  enjoyed  those  guarantied  to  them. 

This  is  the  question  now  before  the  senate  of  the  United 
States  of  America. 

It  is  a  question  of  transcendant  importance.  The  proviso  of 
1820,  to  be  abrogated  in  Nebraska,  is  the  ordinance  of  the  Con 
tinental  Congress  of  1787,  extended  over  a  new  part  of  the  na 
tional  domain,  acquired  under  our  present  constitution.  It  is 
rendered  venerable  by  its  antiquity,  and  sacred  by  the  memory 
of  that  Congress,  which  in  surrendering  its  trust,  after  establish 
ing  the  ordinance,  enjoined  it  upon  posterity,  always  to  remember 


358  SPEECHES   IN   THE   UNITED   STATES  SENATE. 

that  the  cause  of  the  United  States  was  the  cause  of  human  na 
ture.  The  question  involves  an  issue  of  public  faith,  and  national 
morality  aud  honor.  It  will  be  a  sad  day  for  this  republic,  when 
such  a  question  shall  be  deemed  unworthy  of  grave  discussion, 
and  shall  fail  to  excite  intense  interest.  Even  if  it  were  certain 
that  the  inhibition  of  slavery  in  the  region  concerned  was  unne 
cessary,  and  if  the  question  were  thus  reduced  to  a  mere  abstrac 
tion,  yet  even  that  abstraction  would  involve  the  testimony  of 
the  United  States  on  the  expediency,  wisdom,  morality,  and 
justice,  of  the  system  of  human  bondage,  with  which  this  and 
other  portions  of  the  world  have  been  so  long  afflicted ;  and  it 
will  be  a  melancholy  day  for  the  republic  and  for  mankind, 
when  her  decision  on  even  such  an  abstraction  shall  command 
no  respect,  and  inspire  no  hope  into  the  hearts  of  the  oppressed. 
But  it  is  no  such  abstraction.  It  was  no  unnecessary  dispute, 
no  mere  contest  of  blind  passion,  that  brought  that  compromise 
into  being.  Slavery  and  Freedom  were  active  antagonists,  then 
seeking  for  ascendency  in  this  Union.  Both  Slavery  and  Free 
dom  are  more  vigorous,  active,  and  self-aggrandizing  now,  than 
they  were  then,  or  ever  were  before  or  since  that  period.  The 
contest  between  them  has  been  only  protracted,  not  decided. 
It  Avill  be  a  great  feature  in  our  national  Hereafter.  So  the 
question  of  adhering  to  or  abrogating  this  compromise  is  no  un 
meaning  issue,  and  no  contest  of  mere  blind  passion  now. 

To  adhere,  is  to  secure  the  occupation  by  freemen,  with  free 
labor,  of  a  region  in  the  very  centre  of  the  continent,  capable  of 
sustaining,  and  in  that  event  destined,  though  it  may  be  only 
after  a  far-distant  period,  to  sustain  ten,  twenty,  thirty,  forty 
millions  of  people  and  their  successive  generations  for  ever ! 

To  abrogate,  is  to  resign  all  that  vast  region  to  chances 
which  mortal  vision  can  not  fully  foresee ;  perhaps  to  the  sover 
eignty  of  such  stinted  and  short-lived  communities  as  those  of 
which  Mexico  and  South  America  and  the  West  India  islands 
present  us  with  examples ;  perhaps  to  convert  that  region  into 
a  scene  of  long  and  desolating  conflicts  between  not  merely 
races,  but  castes,  to  end,  like  a  similar  conflict  in  Egypt,  in  a 
convulsive  exodus  of  the  oppressed  people,  despoiling  their  supe 
riors  ;  perhaps,  like  one  not  dissimilar  in  Spain,  in  the  forcible 
expulsion  of  the  interior  race,  exhausting  the  state  by  the  sud- 


FREEDOM   AND   PUBLIC   FAITH.  859 

den  and  complete  suppression  of  a  great  Resource  of  national 
wealth  and  labor ;  perhaps  in  the  disastrous  expulsion,  even  of 
the  superior  race  itself,  by  a  people  too  suddenly  raised  from 
slavery  to  liberty,  as  in  St.  Domingo.  To  adhere  is  to  secure 
for  ever  the  presence  here,  after  some  lapse  of  time,  of  two, 
four,  ten,  twenty,  or  more  senators,  and  of  representatives  in 
larger  proportions,  to  uphold  the  policy  and  interests  of  the 
non-slaveholding  states,  and  balance  that  ever-increasing  repre 
sentation  of  slaveholding  states,  which  past  experience,  and  the 
decay  of  the  Spanish-American  states,  admonish  us  has  only 
just  begun ;  to  save  what  the  non-slaveholding  states  have  in 
mints,  navy-yards,  the  military  academy  and  fortifications,  to 
balance  against  the  capital  and  federal  institutions  in  the  slave- 
holding  states ;  to  save  against  any  danger  from  adverse  or  hos 
tile  policy,  the  culture,  the  manufactures,  and  the  commerce,  as 
well  as  the  just  influence  and  weight  of  the  national  principles 
and  sentiments  of  the  slaveholding  states.  To  adhere  is  to  save 
to  the  non-slaveholding  states,  as  well  as  to  the  slaveholding 
states,  always,  and  in  every  event,  a  right  of  way  and  free  com 
munication  across  the  continent,  to  and  with  the  states  on  the 
Pacific  coasts,  and  with  the  rising  states  on  the  islands  in  the 
South  sea,  and  with  all  the  eastern  nations  on  the  vast  continent 
of  Asia. 

To  abrogate,  on  the  contrary,  is  to  commit  all  these  precious 
interests  to  the  chances  and  hazards  of  embarrassment  and  injury 
by  legislation,  under  the  influence  of  social,  political,  and  com 
mercial  jealousy  and  rivalry ;  and  in  the  event  of  the  secession 
of  the  slaveholding  states,  which  is  so  often  threatened  in  their 
name,  but  I  thank  God  without  their  authority,  to  give  t'o  a  ser 
vile  population  a  La  Vendee  at  the  very  sources  of  the  Missis 
sippi,  and  in  the  very  recesses  of  the  Rocky  Mountains. 

Nor  is  this  last  a  contingency  against  which  a  statesman,  when 
engaged  in  giving  a  constitution  for  such  a  territory,  so  situated, 
must  veil  his  eyes.  It  is  a  statesman's  province  and  duty  to 
look  before  as  well  as  after.  I  know,  indeed,  the  present  loy 
alty  of  the  American  people,  North  and  South,  and  East  and 
West.  I  know  that  it  is  a  sentiment  stronger  than  any  sec 
tional  interest  or  ambition,  and  stronger  than  even  the  love  of 
equality  in  the  non-slaveholding  states ;  and  stronger,  I  doubt 


360  SPEECHES   IN   THE   UNITED   STATES   SENATE. 

not,  than  the  love  of  slavery  in  the  slaveholding  states.  But  I 
do  not  know,  and  no  mortal  sagacity  does  know,  the  seductions 
of  interest  and  ambition,  and  the  influences  of  passion,  which 
are  yet  to  be  matured  in  every  region.  I  know  this,  however — 
that  this  Union  is  safe  now,  and  that  it  will  be  safe  so  long  as 
impartial  political  equality  shall  constitute  the  basis  of  society, 
as  it  has  heretofore  done,  in  even  half  of  these  states,  and  they 
shall  thus  maintain  a  just  equilibrium  against  the  slaveholding 
states.  But  I  am  well  assured,  also,  on  the  other  hand,  that  if 
ever  the  slaveholding  states  shall  multiply  themselves,  and  ex 
tend  their  sphere,  so  that  they  could,  without  association  with  the 
non-slaveholding  states,  constitute  of  themselves  a  commercial 
republic,  from  that  day  their  rule,  through  the  executive,  judi 
cial,  and  legislative  powers  of  this  government,  will  be  such  as 
will  be  hard  for  the  non-slaveholding  states  to  bear ;  and  their 
pride  and  ambition,  since  they  are  congregations  of  men,  and 
are  moved  by  human  passions,  will  consent  to  no  union  in  which 
they  shall  not  so  rule. 

The  slaveholding  states  already  possess  the  mouths  of  the 
Mississippi,  and  their  territory  reaches  far  northward  along  its 
banks,  on  one  side  to  the  Ohio,  and  on  the  other  even  to  the 
confluence  of  the  Missouri.  They  stretch  their  dominion  now 
from  the  banks  of  the  Delaware,  quite  around  bay,  headland, 
nnd  promontory,  to  the  Rio  Grande.  They  will  not  stop,  al 
though  they  now  think  they  may,  on  the  summit  of  the  Sierra 
Nevada ;  nay,  their  armed  pioneers  are  already  in  Sonora,  and 
their  eyes  are  already  fixed,  never  to  be  taken  off,  on  the. island 
of  Cuba,  the  queen  of  the  Antilles.  If  we  of  the  non-slavehold 
ing  states  surrender  to  them  now  the  eastern  slope  of  the 
Rocky  Mountains,  and  the  very  sources  of  the  Mississippi,  what 
territory  will  be  secure,  what  territory  can  be  secured  hereafter, 
for  the  creation  and  organization  of  free  states,  within  our  ocean- 
bound  domain  1  What  territories  on  this  continent  will  remain 
unappropriated  and  unoccupied,  for  us  to  annex  ?  What  terri 
tories,  even  if  we  are  able  to  buy  or  conquer  them  from  Great 
Britain  or  Russia,  will  the  slaveholding  states  suffer,  much  less 
aid,  us  to  annex,  to  restore  the  equilibrium  which,  by  this  unne 
cessary  measure,  we  shall  have  so  unwisely,  so  hurriedly,  so 
suicidally  subverted  ? 


KANSAS   AND    NEBRASKA.  361 

Nor  am  I  to  be  told  that  only  a  few  slaves  will  enter  into 
this  vast  region.  One  slaveholder  in  a  new  territory,  with 
access  to  the  executive  ear  at  Washington,  exercises  more  polit 
ical  influence  than  five  hundred  freemen.  It  is  not  necessary 
that  all  or  a  majority  of  the  citizens  of  a  state  shall  be  slave 
holders,  to  constitute  a  slaveholding  state.  Delaware  has  only 
two  thousand  slaves,  against  ninety-one  thousand  freemen ;  and 
yet  Delaware  is  a  slaveholding  state.  The  proportion  is  not 
substantially  different  in  Maryland  and  in  Missouri ;  and  yet 
they  are  slaveholding  states.  These,  sir,  are  the  stakes  in  this 
legislative  game,  in  which  I  lament  to  see,  that  while  the  repre 
sentatives  of  the  slaveholding  states  are  unanimously  and  earn 
estly  playing  to  win,  so  many  of  the  representatives  of  the  non- 
slaveholding  states  are,  with  even  greater  zeal  and  diligence, 
playing  to  lose. 

*Mr.  President,  the  committee  who  have  recommended  these 
twin  bills  for  the  organization  of  the  territories  of  Nebraska 
and  Kansas,  hold  the  affirmative  in  the  argument  upon  their 
passage. 

What  is  the  case  they  present  to  the  senate  and  the  country  ? 

They  have  submitted  a  report ;   but  that  report,  brought  in 
before  they  had  introduced  or  even  conceived  this  bold  and  dar 
ing  measure  of  abrogating  the  Missouri  Compromise,  directs  all 
its  arguments  against  it. 
.  The  committee  say,  in  their  report :  — 

"Such  being  the  character  of  the  controversy,  in  respect  to  the  territory 
acquired  from  Mexico,  a  similar  question  has  arisen  in  regard  to  the  right 
to  hold  slaves  in  the  proposed  territory  of  Nebraska,  when  the  Indian  laws 
shall  be  withdrawn,  and  the  country  thrown  open  to  emigration  and  settle 
ment.  By  the  eighth  section  of  'An  Act  to  authorize  the  People  of  the  Mis 
souri  Territory  to  form  a  Constitution  and  State  Government,  and  for  the 
Admission  of  such  State  into  the  Union  on  an  equal  Footing  with  the  original 
States,  and  to  prohibit  Slavery  in  certain  Territories,'  approved  March  6, 
1820,  it  was  provided:  'That  in  all  that  territory  ceded  by  France  to  the 
United  States  under  the  name  of  Louisiana,  which  lies  north  of  thirty -six 
degrees  and  thirty  minutes  north  latitude,  not  included  within  the  limits  of 
the  state  contemplated  by  this  act,  slavery  and  involuntary  servitude,  other 
wise  than  in  the  punishment  of  crimes,  whereof  the  parties  shall  have  been 
duly  convicted,  shall  be,  and  is  hereby,  for  ever  prohibited :  Provided,  always, 
That  any  person  escaping  into  the  same,  from  whom  labor  or  service  is  law 
fully  claimed  in  any  state  or  territory  of  the  United  State?,  such  fugitive 

16 


862  SPEECHES   IN   THE   UNITED   STATES  SENATE. 

may  be  lawfully  reclaimed,  and  conveyed  to  the  person  claiming  his  or  her 
labor  or  service,  as  aforesaid.' 

"  Under  this  section,  as  in  the  case  of  the  Mexican  law  in  New  Mexico 
and  Utah,  it  is  a  disputed  point  whether  slavery  is  prohibited  in  the  Nebras 
ka  country  by  valid  enactment.  The  decision  of  this  question  involves  the 
constitutional  power  of  Congress  to  pass  laws  prescribing  and  regulating 
the  domestic  institutions  of  the  various  territories  of  the  Union.  In  the 
opinion  of  those  eminent  statesmen  who  hold  that  Congress  is  invested  with 
no  rightful  authority  to  legislate  upon  the  subject  of  slavery  in  the  territo 
ries,  the  eighth  section  of  the  act  preparatory  to  the  admission  of  Missouri 
is  null  and  void  ;  while  the  prevailing  sentiment  in  large  portions  of  the 
Union  sustains  the  doctrine  that  the  constitution  of  the  United  States  se 
cures  to  every  citizen  an  inalienable  right  to  move  into  any  of  the  territo 
ries  with  his  property,  of  whatever  kind  and  description,  and  to  hold  and 
enjoy  the  same  under  the  sanction  of  the  law.  Your  committee  do  not  feel 
themselves  called  upon  to  enter  into  the  discussion  of  these  controverted 
questions.  They  involve  the  same  grave  issues  which  produced  the  agita 
tion,  the  sectional  strife,  and  the  fearful  struggle  of  1850.  As  Congress 
deemed  it  wise  and  prudent  to  refrain  from  deciding  the  matters  in  contro 
versy  then,  either  by  affirming  or  repealing  the  Mexican  laws,  or  by  an  act 
declaratory  of  the  true  intent  of  the  constitution,  and  the  extent  of  the  pro 
tection  afforded  by  if,  to  slave  property  in  the  territories,  so  your  committee 
are  not  prepared  now  to  recommend  a  departure  from  the  course  pursued 
on  that  memorable  occasion,  either  by  affirming  or  repealing  the  eighth 
section  of  the  Missouri  act,  or  by  any  act  declaratory  of  the  meaning  of  the 
constitution  in  respect  to  the  legal  points  in  dispute." 

This  report  gives  us  tl.c  deliberate  judgment  of  the  committee 
on  two  important  points.  First,  that  the  compromise  of  1850 
did  not,  by  its  letter  or  by  its  spirit,  repeal,  or  render  necessary, 
or  even  propose,  the  abrogation  of  the  Missouri  Compromise ; 
and,  secondly,  that  the  Missouri  Compromise  ought  not  now  to 
be  abrogated.  And  now,  sir,  what  do  we  next  hear  from  this 
committee  1  First,  two  similar  and  kindred  bills,  actually  abro 
gating  the  Missouri  Compromise,  which,  in  their  report,  they  had 
told  us  ought  not  to  be  abrogated  at  all.  Secondly,  these  bills 
declare  on  their  face,  in  substance,  that  that  compromise  was 
already  abrogated  by  the  spirit  of  that  very  compromise  of  1850 
which,  in  their  report  they  had  just  shown  us,  left  the  compro 
mise  of  1820  absolutely  unaffected  and  unimpaired.  Thirdly, 
the  committee  favor  us,  by  their  chairman,  with  an  oral  explana 
tion,  that  the  amended  bills  abrogating  the  Missouri  Compro 
mise  are  identical  with  their  previous  bill,  which  did  not  abro 
gate  it,  and  are  only  made  to  differ  in  phraseology,  to  the  end 


FREEDOM   AND   PUBLIC    FAITH.  363 

that  tlie  provisions  contained  in  their  previous,  and  now  discarded, 
bill,  shall  be  absolutely  clear  and  certain. 

I  entertain  great  respect  for  the  committee  itself,  but  I  must 
take  leave  to  say  that  the  inconsistencies  and  self-contradictions 
contained  in  the  papers  it  has  given  us,  have  destroyed  all 
claims,  on  the  part  of  those  documents,  to  respect,  here  or  else 
where. 

The  recital  of  the  effect  of  the  compromise  of  1850,  upon  the 
compromise  of  1820,  as  finally  revised,  corrected,  and  amended, 
here  in  the  face  of  the  senate,  means  after  all  substantially  what 
that  recital  meant  as  it  stood  before  it  was  perfected,  or  else  it 
means  nothing  tangible  or  worthy  of  consideration  at  all.  What 
if  the  spirit,  or  even  the  letter,  of  the  compromise  laws  of  1850 
did  conflict  with  the  compromise  of  1820  ?  The  compromise  of 
1820  was,  by  its  very  nature,  a  compromise  irrepealable  and  un 
changeable,  without  a  violation  of  honor,  justice,  and  good  faith. 
The  compromise  of  1850,  if  it  impaired  the  previous  compromise 
to  the  extent  of  the  loss  to  free  labor  of  one  acre  of  the  territory 
of  Nebraska,  was  either  absolutely  void,  or  ought,  in  all  subse 
quent  legislation,  to  be  deemed  and  held  void. 

•What  if  the  spirit  or  the  letter  of  the  compromise  was  a  vio 
lation  of  the  compromise  of  1820  ]  Then,  inasmuch  as  the  com 
promise  of  1820  was  inviolable,  the  attempted  violation  of  it 
shows  that  the  so-called  compromise  of  1850  was  to  that  extent 
not  a  compromise  at  all,  but  a  factitious,  spurious,  and  pretended 
compromise.  What  if  the  letter  or  the  spirit  of  the  compromise 
of  1850  did  supersede  or  impair,  or  in  any  way,  in  any  degree, 
conflict  with  the  compromise  of  1820  1  Then  that  is  a  reason 
for  abrogating,  not  the  irrepealable  and  inviolable  compromise 
of  1820,  but  the  spurious  and  pretended  compromise  of  1850 

Mr.  President,  why  is  this  reason  for  the  proposed  abrogation 
of  the  compromise  of  1820  assigned  in  these  bills  at  all  ?  It  is 
unnecessary.  The  assignment  of  a  reason  adds  nothing  to  the 
force  or  weight  of  the  abrogation  itself.  Either  the  fact  alleged 
as  a  reason  is  true  or  it  is  not  true.  If  it  be  untrue,  your  asser 
ting  it  here  will  not  make  it  true.  If  it  be  true,  it  is  apparent 
in  the  text  of  the  law  of  1850,  without  the  aid  of  legislative  ex 
position  now.  It  is  unusual.  It  is  unparliamentary.  The  lan 
guage  of  the  lawgiver,  whether  the  sovereign  be  democratic, 


364  SPEECHES   IN   THE   UNITED   STATES  SENATE. 

republican,  or  despotic,  is  always  the  same.  It  is  mandatory, 
imperative.  If  the  lawgiver  explains  at  all  in  a  statute  the 
reason  for  it,  the  reason  is  that  it  is  his  pleasure  —  sic  volo,  sic 
jubco.  Look  at  the  compromise  of  1820.  Does  it  plead  an  ex 
cuse  for  its  commands  ?  Look  at  the  compromise  of  1850,  drawn 
by  the  master-hand  of  our  American  Chatham.  Does  that  be 
speak  your  favor  by  a  quibbling  or  shuffling  apology  ?  Look  at 
your  own,  now  rejected,  first  Nebraska  bill,  which,  by  conclusive 
implication,  saved  the  effect  of  the  Missouri  Compromise.  Look 
at  any  other  bill  ever  reported  by  the  committee  on  territories. 
Look  at  any  other  bill  now  on  your  calendar.  Examine  all  the 
laws  on  your  statute-books.  Do  you  find  any  one  bill  or  statute 
which  ever  came  bowing,  stooping,  and  wriggling  into  the  sen 
ate,  pleading  an  excuse  for  its  clear  and  explicit  declaration  of 
the  sovereign  and  irresistible  will  of  the  American  people  ?  The 
departure  from  this  habit  in  this  solitary  case  betrays  self-dis 
trust,  and  an  attempt  on  the  part  of  the  bill  to  divert  the  public 
attention,  to  raise  complex  and  immaterial  issues,  to  perplex  and 
bewilder  and  confound  the  people  by  whom  this  transaction  is 
to  be  reviewed.  Look  again  at  the  vacillation  betrayed  in  the 
frequent  changes  of  the  structure  of  this  apology.  At  first  the 
recital  told  us  that  the  eighth  section  of  the  compromise  act  of 
1820  was  superseded  by  the  principles  of  the  compromise  laws 
of  1850  —  as  if  any  one  had  ever  heard  of  a  supersedeas  of  one 
local  law  by  the  mere  2^mciplcs  of  another  local  law,  enacted 
for  an  altogether  different  region,  thirty  years  afterward.  On 
another  day  we  were  told,  by  an  amendment  of  the  recital,  that 
the  compromise  of  1820  was  not  superseded  by  the  compromise 
of  1850  at  all,  but  was  only  "  inconsistent  with"  it  —  as  if  a  local 
act  which  was  irrepealable  was  now  to  be  abrogated,  because  it 
was  inconsistent  with  a  subsequent  enactment,  which  had  no 
application  whatever  within  the  region  to  which  the  first 
enactment  was  confined.  On  a  third  day  the  meaning  of 
the  recital  was  further  and  finally  elucidated  by  an  amend 
ment,  which  declared  that  the  first  irrepealable  act  protecting 
Nebraska  from  slavery  was  now  declared  "  inoperative  and- 
void,"  because  it  was  inconsistent  with  the  present  purposes  of 
Congress  not  to  legislate  slavery  into  any  territory  or  state,  nor 
to  exclude  it  therefrom. 


THE  MISSOURI  COMPROMISE.  365 

But  take  this  apology  in  whatever  form  it  may  be  expressed, 
and  test  its  logic  by  a  simple  process. 

The  law  of  ]S20  secured  free  institutions  in  the  regions  ac 
quired  from  France  in  1803,  by  the  wise  and  prudent  foresight 
of  the  Congress  of  the  United  States.  The  law  of  1850,  on  the 
contrary,  committed  the  choice  between  free  and  slave  institu 
tions  in  New  Mexico  and  Utah  —  territories  acquired  from  Mex 
ico  nearly  fifty  years  afterward  —  to  the  interested  cupidity  or 
the  caprice  of  their  earliest  and  accidental  occupants.  Free  in 
stitutions  and  slave  institutions  are  equal,  but  the  interested 
cupidity  of  the  pioneer  is  a  wiser  arbiter,  and  his  judgment  a 
surer  safeguard,  than  the  collective  wisdom  of  the  American 
people  and  the  most  solemn  and  time-honored  statute  of  the 
American  Congress.  Therefore,  let  the  law  of  freedom  in  the 
territory  acquired  from  France  be  now  annulled  and  abrogated, 
and  let  the  fortunes  and  fate  of  freedom  and  slavery,  in  the  re 
gion  acquired  from  France,  be,  henceforward  and  for  ever,  deter 
mined  by  the  votes  of  some  seven  hundred  camp  followers  around 
Fort  Leaven  worth,  and  the  still  smaller  number  of  trappers, 
government  school-masters,  and  mechanics,  who  attend  the  In 
dians  in  their  seasons  of  rest  from  hunting  in  the  passes  of  the 
Rocky  mountains.  Sir,  this  syllogism  may  satisfy  you  and  other 
senators ;  but  as  for  me,  I  must  be  content  to  adhere  to  the  ear 
lier  system.  Stare  super  antiquas  mas. 

There  is  yet  another  difficulty  in  this  new  theory.  Let  it  be 
granted  that,  in  order  to  carry  out  a  new  principle  recently 
adopted  in  New  Mexico,  you  can  supplant  a  compromise  in 
Nebraska,  yet  there  is  a  maxim  of  public  law  which  forbids  you 
from  supplanting  that  compromise,  and  establishing  a  new  sys 
tem  there,  until  you  first  restore  the  parties  in  interest  there  to 
their  statu  quo  before  the  compromise  to  be  supplanted  was  estab 
lished.  First,  then,  remand  Missouri  and  Arkansas  back  to  the 
unsettled  condition,  in  regard  to  slavery,  which  they  held  before 
the  compromise  of  1820  was  enacted,  and  then  we  will  hear  you 
talk  of  rescinding  that  compromise.  You  can  not  do  this.  You 
ought  not  to  do  it,  if  you  could ;  and  because  you  can  not 
and  ought  not  to  do  it,  you  can  not,  without  violating  law, 
justice,  equity,  and  honor,  abrogate  the  guarantee  of  freedom 
in  Nebraska. 


366  SPEECHES    IX    THE    UNITED   STATES   SENATE. 

There  is  still  another  and  not  less  serious  difficulty.  You  call 
the  slavery  laws  of  1850  a  compromise  between  the  slavehold- 
ing  and  non-slaveholding  states.  For  the  purposes  of  this  argu 
ment,  let  it  be  granted  that  they  were  such  a  compromise.  It 
was  nevertheless  a  compromise  concerning  slavery  in  the  terri 
tories  acquired  from  Mexico,  and  by  the  letter  of  the  compromise 
it  extended  no  further.  Can  you  now,  by  an  act  which  is  not  a 
compromise  between  the  same  parties,  but  a  mere  ordinary  law, 
extend  the  force  and  obligation  of  the  principles  of  that  compro 
mise  of  1850  into  regions  not  only  excluded  from  it,  but  abso 
lutely  protected  from  your  intervention  there  by  a  solemn  com 
promise  of  thirty  years'  duration,  and  invested  with  a  sanctity 
scarcely  inferior  to  that  which  hallows  the  constitution  itself  ? 

Can  the  compromise  of  1850,  by  a  mere  ordinary  act  of  legis 
lation,  be  extended  beyond  the  plain,  known,  fixed  intent  and 
understanding  of  the  parties  at  the  time  that  contract  was  made, 
and  yet  be  binding  on  the  parties  to  it,  not  merely  legally,  but 
in  honor  and  conscience  1  Can  you  abrogate  a  compromise  by 
passing  any  law  of  less  dignity  than  a  compromise  ?  If  so,  of 
what  value  is  any  one  or  the  whole  of  the  compromises  ]  Thus 
you  see  that  these  bills  violate  both  of  the  compromises  —  not 
more  that  of  1820  than  that  of  1850. 

"Will  you  maintain  in  argument  that  it  was  understood  by  the 
parties  interested  throughout  the  country,  or  by  either  of  them, 
or  by  any  representative  of  either,  in  either  house  of  Congress, 
that  the  principle  then  established  should  extend  beyond  the 
limits  of  the  territories  acquired  from  Mexico,  into  the  territories 
acquired  nearly  fifty  years  before,  from  France,  and  then  re 
posing  under  the  guaranty  of  the  compromise  of  1820  ?  I  know 
not  how  senators  may  vote,  but  I  do  know  what  they  will  say. 
I  appeal  to  the  honorable  senator  from  Michigan  [Mr.  CASS], 
than  whom  none  performed  a  more  distinguished  part  in  estab 
lishing  the  compromise  of  1850,  whether  he  so  intended  or  un 
derstood.  I  appeal  to  the  honorable  and  candid  senator,  the 
senior  representative  from  Tennessee  [Mr.  BELL],  who  performed 
a  distinguished  part  also.  Did  he  so  understand  the  compro 
mise  of  1850?  He  is  silent.  I  appeal  to  the  gallant  senator 
from  Illinois  [Mr.  SHIELDS]  ?  He,  too,  is  silent.  I  now  throw 
my  gauntlet  at  the  feet  of  every  senator  now  here,  who  was  in 


FREEDOM   AND   PUBLIC   FAITH.  307 

the  senate  in  1850,  and  challenge  him  to  say  that  he  then  knew, 
or  thought,  or  dreamed,  that,  by  enacting  the  compromise  of 
1850,  he  was  directly  or  indirectly  abrogating,  or  in  any  degree 
impairing,  the  Missouri  Compromise  1  No  one  takes  it  up.  I 
appeal  to  that  very  distinguished  —  nay,  sir,  that  expression  falls 
short  of  his  eminence  —  that  illustrious  man,  the  senator  from 
Missouri  [Mr.  BENTON],  who  led  the  opposition  here  to  the  com 
promise  of  1850.  Did  he  understand  that  that  compromise  in 
any  way  overreached  or  impaired  the  compromise  of  1820  ?  Sir, 
that  distinguished  person,  while  opposing  the  combination  of  the 
several  laws  on  the  subject  of  California  and  the  territories,  and 
slavery,  together,  in  one  bill,  so  as  to  constitute  a  compromise, 
nevertheless  voted  for  each  one  of  those  bills,  severally ;  and  in 
that  way,  and  that  way  only,  they  were  passed.  Had  he  known 
or  understood  that  any  one  of  them  overreached  and  impaired 
the  Missouri  Compromise,  we  all  know  he  would  have  perished 
before  he  would  have  given  it  his  support. 

Sir,  if  it  were  not  irreverent,  I  would  dare  to  call  up  the  au 
thor  of  both  of  the  compromises  in  question,  from  his  honored, 
though  yet  scarcely  grass-covered  grave,  and  challenge  any  ad 
vocate  of  this  measure  to  confront  that  imperious  shade,  and  say 
that,  in  making  the  compromise  of  1850,  Henry  Clay  intended 
or  dreamed  that  he  was  subverting,  or  preparing  the  Avay  for  a 
subversion  of,  his  greater  work  of  1820.  Sir,  if  that  eagle  spirit 
is  yet  lingering  here  over  the  scene  of  its  mortal  labors,  and 
watching  over  the  welfare  of  the  republic  it  loved  so  well,  it  is 
now  moved  with  more  than  human  indignation  against  those 
who  are  perverting  its  last  great  public  act  from  its*  legitimate 
uses,  not  merely  to  subvert  the  column,  but  to  wrench  from  its 
very  bed  the  base  of  the  column  that  perpetuates  its  fame. 

And  that  other  proud  and  dominating  senator,  who,  sacrificing 
himself,  gave  the  aid  without  which  the  compromise  of  1850 
could  not  have  been  established — the  statesman  of  New  Eng 
land,  and  the  orator  of  America — who  dare  assert  here,  where 
his  memory  is  yet  fresh,  though  his  unfettered  spirit  may  be 
wandering  in  spheres  far  hence,  that  he  intended  to  abrogate,  or 
dreamed  that,  by  virtue  of  or  in  consequence  of  that  transaction, 
the  Missouri  compromise  would  or  could  ever  be  abrogated  ? 
The  portion  of  the  Missouri  compromise  you  propose  to  abro- 


368  SPEECHES   IN   THE   UNITED   STATES  SENATE. 

gate  is  the  ordinance  of  1787  extended  to  Nebraska.  Hear 
what  Daniel  Webster  said  of  that  ordinance  itself,  in  1830,  in 
this  very  place,  in  reply  to  one  who  had  undervalued  it  and  its 

author : — 

"I  spoke,  sir,  of  the  ordinance  of  1787,  which  prohibits  slavery,  in  all 
future  time,  northwest  of  the  Ohio,  as  a  measure  of  great  wisdom  and  fore 
thought,  and  one  which  lias  been  attended  with  highly  beneficial  and  per 
manent  consequences." 

And  now  hear  what  he  said  here,  when  advocating  the  com 
promise  of  1850  :  — 

"I  now  say,  sir,  as  the  proposition  upon  which  I  stand  this  day,  and  upon 
the  truth  and  firmness  of  which  I  intend  to  act  until  it  is  overthrown,  that 
there  is  not  at  this  moment  in  the  United  States,  or  any  territory  of  the 
United  States,  one  single  foot  of  land,  the  character  of  which,  in  regard  to 
its  being  free  territory  or  slave  territory,  is  not  fixed  by  some  law,  and 
some  IUREPEALABLE  law,  beyond  the  power  of  the  action  of  this  government." 

What  irrcpcalablc  law,  or  what  law  of  any  kind,  fixed  the 
character  of  Nebraska  as  free  or  slave  territory,  except  the  Mis 
souri  compromise  act  ? 

And  now  hear  what  Daniel  Webster  said  when  vindicating 
the  compromise  of  1850,  at  Buffalo,  in  1851:  — 

"My  opinion  remains  unchanged,  that  it  was  not  within  the  original 
scope  or  design  of  the  constitution  to  admit  new  states  out  of  foreign  terri 
tory;  and  for  one,  whatever  may  be  said  at  the  Syracuse  convention  or  any 
other  assemblage  of  insane  persons,  I  never  would  consent,  and  ne>jer  have 
consented,  that  there  should  be  one  foot  of  slave  territory  beyond  what  the 
old  thirteen  states  had  at  the  time  of  the  formation  of  the  Union!  Never! 
Never ! 

"The  man  can  not  show  his  face  to  me  and  say  he  can  prove  that  I  ever 
departed  from  that  doctrine.  He  would  sneak  away,  and  slink  away,  or 
hire  a  mercenary  press  to  cry  out,  What  an  apostate  from  liberty  Daniel 
AWbster  has  become!  But  lie  knows  himself  to  be  a  hypocrite  and  a  falsi 
fier." 

That  compromise  was  forced  upon  the  slaveholding  states  and 
upon  the  non-slaveholding  states  as  a  mutual  exchange  of  equiv 
alents.  The  equivalents  were  accurately  defined,  and  carefully 
scrutinized  and  weighed  by  the  respective  parties,  through  a 
period  of  eight  months.  The  equivalents  offered  to  the  non- 
slaveholding  states  were :  1st,  the  admission  of  California ;  2d, 
the  abolition  of  the  public  slave-trade  in  the  District  of  Colum 
bia.  These,  and  these  only,  were  the  boons  offered  to  them, 


THE  MISSOURI  COMPROMISE.  369 

and  the  only  sacrifices  which  the  slaveholding  states  were  re 
quired  to  make.  The  waiver  of  the  Wilmot  proviso  in  the 
incorporation  of  New  Mexico  and  Utah,  and  a  new  fugitive  slave 
law,  were  the  only  boons  proposed  to  the  slaveholding  states, 
and  the  only  sacrifices  exacted  of  the  non-slaveholding  states. 
No  other  questions  between  them  were  agitated,  except  those 
which  were  involved  in  the  gain  or  loss  of  more  or  less  of  free 
territory  or  of  slave  territory  in  the  determination  of  the  bound 
ary  between  Texas  and  New  Mexico,  by  a  line  that  was  at 
last  arbitrarily  made,  expressly  saving,  even  in  those  territories, 
to  the  respective  parties,  their  respective  shares  of  free  soil  and 
slave  soil,  according  to  the  articles  of  annexation  of  the  republic 
of  Texas.  Again  :  There  were  alleged  to  be  five  open,  bleed 
ing  wounds  in  the  federal  system,  and  no  more,  which  needed 
surgery,  and  to  which  the  compromise  of  1850  was  to  be  a  cata 
plasm.  We  all  know  what  they  were :  California  without  a 
constitution  ;  New  Mexico  in  the  grasp  of  military  power ;  Utah 
neglected  ;  the  District  of  Columbia  dishonored  ;  and  the  rendi 
tion  of  fugitives  denied.  Nebraska  was  not  even  thought  of  in 
this  catalogue  of  national  ills.  And  now,  sir,  did  the  Nashville 
convention  of  secessionists  understand  that,  besides  the  enumera 
ted  boons  offered  to  the  slaveholding  states,  they  were  to  have  also 
the  obliteration  of  the  Missouri  compromise  line  of  1820  ?  If  they 
did,  why  did  they  reject  and  scorn  and  scout  at  the  compromise 
of  1850  ?  Did  the  legislatures  and  public  assemblies  of  the  non- 
slaveholding  states,  who  made  your  table  groan  with  their  re 
monstrances,  understand  that  Nebraska  was  an  additional  wound 
to  be  healed  by  the  compromise  of  1850  1  If  they  did,  why  did 
they  omit  to  remonstrate  against  the  healing  of  that,  too,  as  well 
as  of  the  other  five,  by  the  cataplasm,  the  application  of  which 
they  resisted  so  long  ? 

Again  :  Had  it  been  then  known  that  the  Missouri  compromise 
was  to  be  abolished,  directly  or  indirectly,  by  the  compromise  of 
1850,  what  representative  from  a  non-slaveholding  state  would, 
at  that  day,  have  voted  for  it  ?  Not  one.  What  senator  from  a 
slaveholding  state  would  not  have  voted  for  it  ?  Not  one.  So 
entirely  was  it  then  unthought  of  that  the  new  compromise  was 
to  repeal  the  Missouri  compromise  line  of  36°  30/  in  the  region 
acquired  from  France,  that  one  half  of  that  long  debate  was 

16* 


370  SPEECHES  IN  THE  UNITED  STATES  SENATE. 

spent  on  propositions  made  by  representatives  from  slaveholding 
states,  to  extend  the  line  further  on  through  the  new  territory 
we  had  acquired  so  recently  from  Mexico,  until  it  should  disap 
pear  in  the  waves  of  the  Pacific  ocean,  so  as  to  secure  actual 
toleration  of  slavery  in  all  of  this  new  territory  that  should  be 
south  of  that  line  ;  and  these  propositions  were  resisted  strenu 
ously  and  successfully  to  the  last  by  the  representatives  of  the 
non-slaveholding  states,  in  order,  if  it  were  possible,  to  save  the 
whole  of  those  regions  for  the  theatre  of  free  labor. 

I  admit  that  these  are  only  negative  proofs,  although  they  are 
pregnant  with  conviction.  But  here  is  one  which  is  not  only 
affirmative,  but  positive,  and  not  more  positive  than  conclu 
sive  :  — 

In  the  fifth  section  of 'the  Texas  boundary  bill,  one  of  the 
acts  constituting  the  compromise  of  1850,  are  these  words  :  — 

"  Provided^  That  nothing  herein  contained  shall  be  construed  to  impair 
or  qualify  anything  contained  in  the  third  article  of  the  second  section  of 
the  joint  resolution  for  annexing  Texas  to  the  United  States,  approved 
March  1,  1845,  either  as  regards  the  number  of  states  that  may  hereafter  be 
formed  out  of  the  state  of  Texas,  or  otherwise." 

What  was  that  third  article  of  the  second  section  of  the  joint 
resolution  for  annexing  Texas  1  Here  it  is  :  — 

"New  states,  of  convenient  size,  not  exceeding  four  in  number,  in  addition 
to  said  state  of  Texas,  having  sufficient  population,  may  hereafter,  by  the 
consent  of  said  state,  be  formed  out  of  the  territory  thereof,  which  shall  be 
entitled  to  admission  under  the  provisions  of  the  federal  constitution.  And 
such  states  as  may  be  formed  out  of  that  portion  of  said  territory  lying  south 
of  36°  30'  north  latitude,  commonly  known  as  the  Missouri  compromise  line, 
shall  be  admitted  into  the  Union,  with  or  without  slavery,  as  the  people  of 
each  state  asking  admission  may  desire.  And  in  such  state  or  states  as  shall 
be  formed  out  of  said  territory  north  of  said  Missouri  compromise  line, 
slavery  or  involuntary  servitude  (except  for  crime)  shall  be  prohibited." 

This  article  saved  the  compromise  of  1820,  in  express  terms, 
overcoming  any  implication  of  its  abrogation,  which  might,  by 
accident  or  otherwise,  have  crept  into  the  compromise  of  1850 ; 
and  any  inferences  to  that  effect,  that  might  be  drawn  from  any 
such  circumstance  as  that  of  drawing  the  boundary  line  of  Utah 
so  as  to  trespass  on  the  territory  of  Nebraska,  dwelt  upon  by  the 
senator  from  Illinois. 

The  proposition  to  abrogate  the  Missouri  compromise,  being 


NEBRASKA  AND   KANSAS.  371 

tlius  stripped  of  the  pretence  that  it  is  only  a  reiteration  or  a  re- 
affirmation  of  a  similar  abrogation  in  the  compromise  of  1850,  or 
a  necessary  consequence  of  that  measure,  stands  before  us  now 
upon  its  own  merits,  whatever  they  may  be. 

But  here  the  senator  from  Illinois  challenges  the  assailants  of 
these  bills,  on  the  ground  that  they  all  were  opponents  of  the 
compromise  of  1850,  and  even  of  that  of  1820.  Sir,  it  is  not  my 
purpose  to  answer  in  person  to  this  challenge.  The  necessity, 
reasonableness,  justice,  and  wisdom  of  those  compromises,  are 
not  in  question  here  now.  My  own  opinions  on  them  were,  at  a 
proper  time,  fully  made  known.  I  abide  the  judgment  of  my 
country  and  mankind  upon  them.  For  the  present,  I  meet  the 
committee  who  have  brought  this  measure  forward,  on  the  field 
they  themselves  have  chosen,  and  the  controversy  is  reduced  to 
two  questions  :  1st.  Whether,  by  letter  or  spirit,  the  compromise 
of  1850  abrogated  or  involved  a  future  abrogation  of  the  com 
promise  of  1820  1  2d.  Whether  this  abrogation  can  now  be 
made  consistently  with  honor,  justice,  and  good  faith  ?  As  to 
my  right,  or  that  of  any  other  senator,  to  enter  these  lists,  the 
credentials  filed  in  the  secretary's  office  settle  that  question. 
Mine  bear  a  seal,  as  broad  and  as  firmly  fixed  there  as  any 
other,  by  a  people  as  wise,  as  free,  and  as  great,  as  any  one  of 
all  the  thirty-one  republics  represented  here. 

But  I  will  take  leave  to  say,  that  an  argument  merely 
ad  personam,  seldom  amounts  to  anything  more  than  an  argu 
ment  ad  captanilam.  A  life  of  approval  of  compromises,  and  of 
devotion  to  them,  only  enhances  the  obligation  faithfully  to  fulfil 
them.  A  life  of  disapprobation  of  the  policy  of  compromises 
only  renders  one  more  earnest  in  exacting  fulfilment  of  them, 
when  good  and  cherished  interests  are  secured  by  them. 

Thus  much  for  the  report  and  the  bills  of  the  committee,  and 
for  the  positions  of  the  parties  in  this  debate.  A  measure  so 
bold,  so  unlooked-for,  so  startling,  and  yet  so  pregnant  as  this, 
should  have  some  plea  of  necessity.  Is  there  any  such  neces 
sity  1  On  the  contrary,  it  is  not  necessary  now,  even  if  it  be 
altogether  wise,  to  establish  territorial  governments  in  Nebraska. 
Not  less  than  eighteen  tribes  of  Indians  occupy  that  vast  tract, 
fourteen  of  which,  I  am  informed,  have  been  removed  there  by 
our  own  act,  and  invested  with  a  fro  simple  to  enjoy  a  secure 


372  SPEECHES  IN  THE  UNITED  STATES  SENATE. 

and  perpetual  home,  safe  from  the  intrusion  and  the  annoyance, 
and  even  from  the  presence  °f  the  white  man,  and  under  the 
paternal  care  of  the  government,  and  with  the  instruction  of  its 
teachers  and  mechanics,  to  acquire  the  arts  of  civilization  and 
the  habits  of  social  life.  I  will  not  say  that  this  was  done  to 
prevent  that  territory,  because  denied  to  slavery,  from  being 
occupied  by  free  white  men,  and  cultivated  with  free  white 
labor ;  but  I  will  say,  that  this  removal  of  the  Indians  there, 
under  such  guaranties,  has  had  that  effect.  The  territory  can 
not  be  occupied  now,  any  more  than  heretofore,  by  savages  and 
white  men,  with  or  without  slaves,  together.  Our  experience 
and  our  Indian  policy  alike  remove  all  dispute  from  this  point. 
Either  these  preserved  ranges  must  still  remain  to  the  Indians 
hereafter,  or  the  Indians,  whatever  temporary  resistance  against 
removal  they  may  make,  must  retire. 

Where  shall  they  go  1  Will  you  bring  them  back  again 
across  the  Mississippi  ?  There  is  no  room  for  Indians  here. 
Will  you  send  them  northward,  beyond  your  territory  of  Ne 
braska,  toward  the  British  border?  That  is  already  occupied 
by  Indians  ;  there  is  no  room  there.  Will  you  turn  them  loose 
upon  Texas  and  New  Mexico  ?  There  is  no  room  there. 

Will  you  drive  them  over  the  Rocky  mountains  1  They  -will 
meet  a  tide  of  immigration  there,  flowing  into  California  from 
Europe  and  from  Asia.  Whither,  then,  shall  they,  the  dispos 
sessed,  unpitied  heirs  of  this  vast  continent,  go  1  The  answer 
is,  nowhere.  If  they  remain  in  Nebraska,  of  what  use  are 
your  charters?  Of  what  harm  is  the  Missouri  compromise  in 
Nebraska,  in  that  case  ?  Whom  doth  it  oppress  ?  No  one. 

Who,  indeed,  demands  territorial  organization  in  Nebraska  at 
all.  The  Indians  ?  No.  It  is  to  them  the  consummation  of  a 
long-apprehended  doom.  Practically,  no  one  demands  it.  I 
am  told  that  the  whole  white  population,  scattered  here  and 
there  throughout  those  broad  regions,  exceeding  in  extent  the 
whole  of  the  inhabited  part  of  the  United  States  at  the  time  of 
the  Revolution,  is  less  than  fifteen  hundred,  and  that  these  are 
chiefly  trappers,  missionaries,  and  a  few  mechanics  and  agents 
employed  by  the  government,  in  connection  with  the  adminis 
tration  of  Indian  affairs,  and  other  persons  temporarily  drawn 
around  the  post  of  Fort  Leavenworth.  It  is  clear,  then,  that 


FREEDOM  AND  PUBLIC  FAITH.          373 

this  abrogation  of  the  Missouri  compromise  is  not  necessary  for 
the  purpose  of  establishing  territorial  governments  in  Nebraska, 
but  that,  on  the  contrary,  these  bills,  establishing  such  govern 
ments,  are  only  a  vehicle  for  carrying,  or  a  pretext  for  carrying, 
that  act  of  abrogation. 

It  is  alleged  that  the  non-slaveholding  states  have  forfeited 
their  rights  in  Nebraska,  under  the  Missouri  compromise,  by  first 
breaking  that  compromise  themselves.  The  argument  is,  that  the 
Missouri  compromise  line  of  36°  30',  in  the  region  acquired  from 
France,  although  confined  to  that  region  which  was  our  western 
most  possession,  was,  nevertheless,  understood  as  intended  to  be 
prospectively  applied  also  to  the  territory  reaching  thence  west 
ward  to  the  Pacific  ocean,  which  we  should  afterward  acquire 
from  Mexico ;  and  that  when  afterward,  having  acquired  these 
territories,  including  California,  New  Mexico,  and  Utah,  we  were 
engaged  in  1848  in  extending  governments  over  them,  the  free 
states  refused  to  extend  that  line,  on  a  proposition  to  that  effect 
made  by  the  honorable  senator  from  Illinois. 

It  need  only  be  stated,  in  refutation  of  this  argument,  that 
the  Missouri  compromise  law,  like  any  other  statute,  was  limited 
by  the  extent  of  the  subject  of  which  it  treated.  This  subject 
was  the  territory  of  Louisiana,  acquired  from  France,  whether 
the  same  were  more  or  less,  then  in  our  lawful  and  peaceful 
possession.  The  length  of  the  line  of  36°  30'  established  by 
the  Missouri  compromise,  was  the  distance  between  the  parallels 
of  longitude  which  were  the  borders  of  that  possession.  Young 
America  —  I  mean  aggrandizing,  conquering  America — had  not 
yet  been  born ;  nor  was  the  statesman  then  in  being  who  dreamed 
that,  within  thirty  years  afterward,  we  should  have  pushed  our 
adventurous  way,  not  only  across  the  Rocky  mountains,  but 
also  across  the  Snowy  mountains.  Nor  did  any  one  then  imagine, 
that,  even  if  we  should  have  done  so  within  the  period  I  have 
named,  we  were  then  prospectively  carving  up  and  dividing,  not 
only  the  mountain-passes,  but  the  Mexican  empire  on  the  Pacific 
coast,  between  Freedom  and  Slavery.  If  such  a  proposition 
had  been  made  then,  and  persisted  in,  we  know  enough  of  the 
temper  of  1820  to  know  this,  viz. :  that  Missouri  and  Arkansas 
would  have  stood  outside  of  the  Union  until  even  this  porten 
tous  dav 


374  SPEECHES  IN  THE  UNITED  STATES  SENATE. 

The  time,  for  aught  1  know,  may  not  be  thirty  years  distant, 
when  the  convulsions  of  the  Celestial  empire  and  the  decline  of 
British  sway  in  India  will  have  opened  our  way  into  the  regions 
beyond  the  Pacific  ocean.  I  desire  to  know  now,  and  be  fully 
certified,  of  the  geographical  extent  of  the  laws  we  are  now  pass 
ing,  so  that  there  may  be  no  such  mistake  hereafter  as  that  now 
complained  of  here.  We  are  now  confiding  to  territorial  legis 
latures  the  power  to  legislate  on  slavery.  Are  the  territories  of 
Nebraska  and  Kansas  alone  within  the  purview  of  these  acts  ] 
Or  do  they  reach  to  the  Pacific  coast,  and  embrace  also  Oregon 
and  Washington  ?  Do  they  stop  there,  or  do  they  take  in 
China,  and  India,  and  Afghanistan,  even  to  the  gigantic  base 
of  the  Himalaya  mountains  ?  Do  they  stop  there,  or,  on  the 
contrary,  do  they  encircle  the  earth,  and,  meeting  us  again  on 
the  Atlantic  coast,  embrace  the  islands  of  Iceland  and  Green 
land,  and  exhaust  themselves  on  the  barren  coasts  of  Greenland 
and  Labrador  ? 

Sir,  if  the  Missouri  compromise  neither  is  in  its  spirit  nor  by 
its  letter  extended  to  the  line  of  36°  30'  beyond  the  confines  of 
Louisiana,  or  beyond  the  then  confines  of  the  United  States  — 
for  the  terms  are  equivalent  —  then  it  was  no  violation  of  the 
Missouri  compromise  in  1848  to  refuse  to  extend  it  to  the 
subsequently-acquired  possessions  of  Texas,  New  Mexico,  and 
California. 

But  suppose  we  did  refuse  to  extend  it ;  how  did  that  refusal 
work  a  forfeiture  of  our  vested  rights  under  it  ?  I  desire  to 
know  that. 

Again :  If  this  forfeiture  of  Nebraska  occurred  in  1848,  as 
the  senator  charges,  how  does  it  happen  that  he  not  only  failed 
in  1850,  when  the  parties  were  in  court  here,  adjusting  their 
mutual  claims,  to  demand  judgment  against  the  free  states,  but, 
on  the  contrary,  even  urged  that  the  same  old  Missouri  compro 
mise  line,  yet  held  valid  and  sacred,  should  be  extended  through 
to  the  Pacific  ocean  ? 

I  come  now  to  the  chief  ground  of  the  defence  of  this  extra 
ordinary  measure,  which  is,  that  it  abolishes  a  geographical  line 
of  division  between  the  proper  fields  of  free  labor  and  slave  labor, 
and  refers  the  claim  between  them  to  the  people  of  the  territories. 
Even  if  this  great  change  of  policy  was  actually  wise  and  neces- 


MISSOURI  COMPROMISE.  375 

saiy,  I  have  shown  that  it  is  not  necessary  to  make  it  now,  in 
regard  to  the  territory  of  Nebraska.  If  it  would  be  just  else 
where,  it  would  be  unjust  in  regard  to  Nebraska,  simply  because, 
for  ample  and  adequate  equivalents,  fully  received,  you  have 
contracted  in  effect  not  to  abolish  that  line  there. 

But  why  is  this  change  of  policy  wise  or  necessary  ?  It  must 
be  because  either  that  the  extension  of  slavery  is  no  evil,  or 
that  you  have  not  the  power  to  prevent  it  at  all,  or  because  the 
maintenance  of  a  geographical  line  is  no  longer  practicable. 

I  know  that  the  opinion  is  sometimes  advanced,  here  and 
elsewhere,  that  the  extension  of  slavery,  abstractly  considered, 
is  not  an  evil ;  but  our  laws  prohibiting  the  African  slave-trade 
are  still  standing  on  the  statute-book,  and  express  the  contrary 
judgment  of  the  American  Congress  and  of  the  American  peo 
ple.  I  pass  on,  therefore,  from  that  point. 

Sir,  I  do  not  like,  more  than  others,  a  geographical  line  be 
tween  Freedom  and  Slavery.  But  it  is  because  I  would  have, 
if  it  were  possible,  all  our  territory  free.  Since  that  can  not  be, 
a  line  of  division  is  indispensable ;  and  any  line  is  a  geograph 
ical  line. 

The  honorable  and  very  acute  senator  from  North  Carolina 
[Mr.  BADGER]  has  wooed  us  most  persuasively  to  waive  our  objec 
tions  to  the  new  principle,  as  it  is  called,  of  non-intervention,  by 
assuring  us  that  the  slaveholder  can  only  use  slave-labor  where 
the  soils  and  climates  favor  the  culture  of  tobacco,  cotton,  rice, 
and  sugar.  To  which  I  reply :  None  of  these  find  congenial 
soils  or  climates  at  the  sources  of  the  Mississippi,  or  in  the  val 
ley  of  the  Rocky  mountains.  Why,  then,  does  he  want  to 
remove  the  inhibition  there  1 

But  again  :  That  senator  reproduces  a  pleasing  fiction  of  the 
character  of  slavery  from  the  Jewish  history,  and  asks,  Why  not 
allow  the  modern  patriarchs  to  go  into  new  regions  with  their 
slaves,  as  their  ancient  prototypes  did,  to  make  them  more  com 
fortable  and  happy  ?  And  he  tells  us,  at  the  same  time,  that 
this  indulgence  will  not  increase  the  number  of  slaves.  I  reply 
by  asking,  first,  Whether  slavery  has  gained  or  lost  strength  by 
the  diffusion  of  it  over  a  larger  surface  than  it  formerly  covered  l\ 
Will  the  senator  answer  that  ]  Secondly,  I  admire  the  sim 
plicity  of  the  patriarchal  times.  But  they,  nevertheless,  exhib- 


376  SPEECHES  IN  THE  UNITED  STATES  SENATE. 

ited  some  peculiar  institutions  quite  incongruous  with  modern 
republicanism,  not  to  say  Christianity,  namely,  that  of  a  latitude 
of  construction  of  the  marriage  contract,  which  has  been  carried 
by  one  class  of  so-called  patriarchs  into  Utah.  Certainly,  no  one 
would  desire  to  extend  that  peculiar  institution  into  Nebraska. 
Thirdly,  slaveholders  have  also  a  peculiar  institution,  which 
makes  them  political  patriarchs.  They  reckon  five  of  their 
slaves  as  equal  to  three  freemen  in  forming  the  basis  of  federal 
representation.  If  these  patriarchs  insist  upon  carrying  their 
institution  into  new  regions,  north  of  36°  30',  I  respectfully 
submit,  that  they  ought  to  resume  the  modesty  of  their  Jewish 
predecessors,  and  relinquish  this  political  feature  of  the  system 
they  thus  seek  to  extend.  Will  they  do  that  ? 

Some  senators  have  revived  the  argument  that  the  Missouri 
compromise  was  unconstitutional.  But  it  is  one  of  the  peculiari 
ties  of  compromises,  that  constitutional  objections,  like  all  others, 
are  buried  under  them  by  those  who  make  and  ratify  them,  for 
the  obvious  reason  that  the  pal-ties  at  once  waive  them,  and 
receive  equivalents.  Certainly,  the  slaveholding  states,  which 
waived  their  constitutional  objections  against  the  compromise  of 
1820,  and  accepted  equivalents  therefor,  can  not  be  allowed  to 
revive  and  offer  them  now  as  a  reason  for  refusing  to  the  non- 
slaveholding  states  their  rights  under  that  compromise,  without 
first  restoring  the  equivalents  which  they  received  on  condition 
of  surrendering  their  constitutional  objections. 

For  argument's  sake,  however,  let  this  reply  be  waived,  and 
let  us  look  at  this  constitutional  objection.  You  say  that  the 
exclusion  of  slavery  by  the  Missouri  compromise  reaches  through 
and  beyond  the  existence  of  the  region  organized  as  a  territory, 
and  prohibits  slavery  FOR  EVER  even  in  the  states  to  be  organ 
ized  out  of  such  territory,  while,  on  the  contrary,  the  states,  when 
admitted,  will  be  sovereign,  and  must  have  exclusive  jurisdiction 
over  slavery  for  themselves.  Let  this,  too,  be  granted.  But 
Congress,  acording  to  the  constitution,  "  may  admit  new  states." 
If  Congress  may  admit,  then  Congress  may  also  refuse  to  ad 
mit —  that  is  to  say,  may  reject  new  states.  The  greater  includes 
the  less ;  therefore,  Congress  may  admit,  on  condition  that  the 
states  shall  exclude  slavery.  If  such  a  condition  should  be 
accepted,  would  it  not  be  binding  1 


NEBRASKA    AND    KANSAS.  377 

It  is  by  no  means  necessary,  on  tins  occasion,  to  follow  the 
argument  further,  to  the  question,  whether  such  a  condition  is  in 
conflict  with  the  constitutional  provision,  that  the  neAv  states  re 
ceived  shall  he  admitted  on  an  equal  footing  with  the  original 
states,  because,  in  this  case,  and  at  present,  the  question  relates 
not  to  the  admission  of  a  State,  but  to  the  organization  of  a  ter 
ritory,  and  the  exclusion  of  slavery  within  the  territory  while  its 
status  as  a  territory  shall  continue,  and  no  further.  Congress 
have  power  to  exclude  slavery  in  territories,  if  they  have  any 
power  to  create,  control,  or  govern  territories  at  all,  for  this  sim 
ple  reason  :  that  find  the  authority  of  Congress  over  the  territo 
ries  wherever  you  may,  there  you  find  no  exception  from  that 
general  authority  in  favor  of  slavery.  If  Congress  has  no  au 
thority  over  slavery  in  the  territories,  it  has  none  in  the  District 
of  Columbia.  If,  then,  you  abolish  a  law  of  Freedom  in  Nebras 
ka,  in  order  to  establish  a  new  policy  of  abnegation,  then  true 
consistency  requires  that  you  shall  also  abolish  the  slavery  laws 
in  the  District  of  Columbia,  and  submit  the  question  of  the  toler 
ation  of  slavery  within  the  district  to  its  inhabitants. 

If  you  reply,  that  the  District  of  Columbia  has  no  local  or  ter 
ritorial  legislature,  then  I  rejoin,  so  also  has  not  Nebraska,  and 
so  also  has  not  Kansas.  You  are  calling  a  territorial  legislature 
into  existence  in  Nebraska,  and  another  in  Kansas,  to  assume 
the  jurisdiction  on  the  subject  of  slavery,  which  you  renounce. 
Then  consistency  demands  that  you  call  into  existence  a  territo 
rial  legislature  in  the  District  of  Columbia,  to  assume  the  juris 
diction  here,  which  you  must  also  renounce.  Will  you  do  this  1 
We  shall  see. 

To  come  closer  to  the  question  :  What  is  this  principle  of  ab 
negating  national  authority,  on  the  subject  of  slavery,  in  favor 
of  the  people  1  Do  you  abnegate  all  authority,  whatever,  in 
the  territories  ?  Not  at  all ;  you  abnegate  only  authority  over 
slavery  there.  Do  you  abnegate  even  that  ?  No  ;  you  do  not 
and  you  can  not.  In  the  very  act  of  abnegating  you  legislate, 
and  enact  that  the  states  to  be  hereafter  organized  shall  come 
in  whether  slave  or  free,  as  their  inhabitants  shall  choose.  Is 
not  this  legislating  not  only  on  the  subject  of  slavery  in  the 
territories,  but  on  the  subject  of  slavery  in  the  future  states  ? 
In  the  very  act  of  abnegating,  you  call  into  being  a  legislature 


378          SPEECHES   IN   THE   UNITED   STATES   SENATE. 

which  shall  assume  the  authority  which  you  are  renouncing. 
You  not  only  exercise  authority  in  that  act,  but  you  exercise 
authority  over  slavery,  when  you  confer  on  the  territorial 
legislature  the  power  to  act  upon  that  subject.  More  than 
this  :  In  the  very  act  of  calling  that  territorial  legislature  into 
existence,  you  exercise  authority  in  prescribing  who  may 
elect  and  who  may  be  elected.  You  even  reserve  to  yourselves 
a  veto  upon  every  act  that  they  can  pass  as  a  legislative  body, 
not  only  on  all  other  subjects,  but  even  on  the  subject  of  slavery 
itself.  Nor  can  you  relinquish  that  veto ;  for  it  is  absurd  to  say 
that  you  can  create  an  agent,  and  depute  to  him  the  legislative 
authority  of  the  United  States,  which  agent  you  can  not  at  your 
own  pleasure  remove,  and  whose  acts  you  can  not  at  your  own 
pleasure  disavow  and  repudiate.  The  territorial  legislature  is 
your  agent.  Its  acts  are  your  own.  Such  is  the  principle  that 
is  to  supplant  the  ancient  policy  —  a  principle  full  of  absurdities 
and  contradictions. 

Again  :  You  claim  that  this  policy  of  abnegation  is  based  upon 
a  democratic  principle.  A  democratic  principle  is  a  principle 
opposed  to  some  other  that  is  despotic  or  aristocratic.  You  claim 
and  exercise  the,  power  to  institute  and  maintain  government  in 
the  territories.  Is  this  comprehensive  power  aristocratic  or 
despotic  1  If  it  be  not,  how  is  the  partial  power  aristocratic  or 
despotic  ?  You  retain  authority  to  appoint  governors,  without 
whose  consent  no  laws  can  be  made  on  any  subject,  and  judges, 
without  whose  consideration  no  laws  can  be  executed,  and  you 
retain  the  power  to  change  them  at  pleasure.  Are  these  pow 
ers,  also,  aristocratic  or  despotic  ?  If  they  are  not,  then  the 
exercise  of  legislative  power  by  yourselves  is  not.  If  they  are, 
then  why  not  renounce  them  also  ?  No,  no.  This  is  a  far-fetched 
excuse.  Democracy  is  a  simple,  uniform,  logical  system,  not  a 
system  of  arbitrary,  contradictory,  and  conflicting  principles  ! 

But  you  must  nevertheless  renounce  national  authority  over  sla 
very  in  the  territories,  while  you  retain  all  other  powers.  What 
is  this  but  a  mere  evasion  of  solemn  responsibilities  ?  The  gen 
eral  authority  of  Congress  over  the  territories  is  one  wisely  con 
fided  to  the  national  legislature,  to  save  young  and  growing 
communities  from  the  dangers  which  beset  them  in  their  state 
of  pupilage,  and  to  prevent  them  from  adopting  any  policy  that 


FREEDOM   AND   PUBLIC   FAITH.  379 

shall  be  at  war  with  their  own  lasting  interests,  or  with  the  gen 
eral  welfare  of  the  whole  republic.  The  authority  over  the  sub 
ject  of  slavery  is  that  which  ought  to  be  renounced  last  of  all, 
in  favor  of  territorial  legislatures,  because,  from  the  very  circum 
stances  of  the  territories,  those  legislatures  are  likely  to  yield 
too  readily  to  ephemeral  influences,  and  interested  offers  of  fa 
vor  and  patronage.  They  see  neither  the  great  Future  of  the 
territories,  nor  the  comprehensive  and  ultimate  interests  of  the 
whole  republic,  as  clearly  as  you  see  them,  or  ought  to  see  them. 
I  have  heard  sectional  excuses  given  for  supporting  this 
measure.  I  have  heard  senators  from  the  slaveholding  states 
say  that  they  ought  not  to  be  expected  to  stand  by  the  non- 
slaveholding  states,  when  they  refuse  to  stand  by  themselves ; 
that  they  ought  not  to  be  expected  to  refuse  the  boon  offered  to 
the  slaveholding  states,  since  it  is  offered  by  the  non-slavehold- 
ing  states  themselves.  I  not  only  confess  the  plausibility  of 
these  excuses,  but  I  feel  the  justice  of  the  reproach  which  they 
imply  against  the  non-slaveholding  states,  as  far  as  the  assump 
tion  is  true.  Nevertheless,  senators  from  the  slaveholding  states 
must  consider  well  whether  that  assumption  is,  in  any  consider 
able  degree,  founded  in  fact.  If  one  or  more  senators  from  the 
North  decline  to  stand  by  the  non-slaveholding  states,  or  offer  a 
boon  in  their  name,  others  from  that  region  do,  nevertheless, 
stand  firmly  on  their  rights,  and  protest  against  the  giving  or 
the  acceptance  of  the  boon.  It  has  been  said  that  the  North 
does  not  speak  out,  so  as  to  enable  you  to  decide  between  the 
conflicting  voices  of  her  representatives.  Are  you  quite  sure 
you  have  given  her  timely  notice  ?  Have  you  not,  on  the  con 
trary,  hurried  this  measure  forward,  to  anticipate  her  awaking 
from  the  slumber  of  conscious  security  into  which  she  has  been 
lulled  by  your  last  compromise  !  Have  you  not  heard  already 
the  quick,  sharp  protest  of  the  legislature  of  the  smallest  of  the 
non-slaveholding  states,  Rhode  Island  ?  Have  you  not  already 
heard  the  deep-toned  and  earnest  protest  of  the  greatest  of  those 
states,  New  York  ?  Have  you  not  already  heard  remonstrances 
from  the  metropolis,  and  from  the  rural  districts  ?  Do  you 
doubt  that  this  is  only  the  rising  of  the  agitation  that  you  profess 
to  believe  is  at  rest  for  ever  ?  Do  you  forget  that,  in  all  such 
transactions  as  these,  the  people  have  a  reserved  right  to  re- 


380  SPEECHES  IN  THE   UNITED  STATES  SENATE. 

view  the  acts  of  their  representatives,  and  a  right  to  demand  a 
reconsideration  ;  that  there  is  in  our  legislative  practice  a  form 
of  RE-ENACTMENT,  as  well  as  an  act  of  repeal;  and  that  there  is 
in  our  political  system  provision  not  only  for  abrogation,  but  for 
RESTORATION  also  ?  And  when  the  process  of  repeal  has  begun, 
how  many  and  what  laws  will  be  open  to  repeal,  equally  with 
the  Missourri  Compromise  ?  There  will  be  this  act,  the  fugitive 
slave  laws,  the  articles  of  Texas  annexation,  tbe  territorial  laws 
of  New  Mexico  and  Utah,  the  slavery  laws  in  the  District  of 
Columbia. 

Senators  from  the  slaveliolding  states :  You  are  politicians  as 
well  as  statesmen.  Let  me  remind  you,  therefore,  that  political 
movements  in  this  country,  as  in  all  others,  have  their  times  of 
action  and  reaction.  The  pendulum  moved  up  the  side  of  free 
dom  in  1840,  and  swung  back  again  in  1844  on  the  side  of 
slavery,  traversed  the  dial  in  1848,  and  touched  even  the  mark 
of  the  Wilrnot,  proviso,  and  returned  again  in  1852,  reaching 
even  the  height  of  the  Baltimore  platform.  Judge  for  your 
selves  whether  it  is  yet  ascending,  and  whether  it  will  attain  the 
height  of  the  abrogation  of  the  Missouri  compromise.  That  is 
the  mark  you  $re  fixing  for  it.  For  myself,  I  may  claim  to 
know  something  of  the  North.  I  see  in  tbe  changes  of  the 
times  only  the  vibrations  of  the  needle,  trembling  on  its  pivot. 
I  know  that  in  due  time  it  will  settle ;  and  when  it  shall  have 
settled,  it  will  point,  as  it  must  point  for  ever,  to  the  same  con 
stant  polar  star,  that  sheds  down  influences  propitious  to  freedom 
as  broadly  as  it  pours  forth  its  mellow  but  invigorating  light. 

Mr.  President,  I  have  nothing  to  do,  here  or  elsewhere,  with 
personal  or  party  motives.  But  I  come  to  consider  the  motive 
which  is  publicly  assigned  for  this  transaction.  It  is  a  desire  to 
secure  permanent  peace  and  harmony  on  the  subject  of  slavery, 
by  removing  all  occasion  for  its  future  agitation  in  the  federal 
legislature.  Was  there  not  peace  already  here  1  Was  there 
not  harmony  as  perfect  as  is  ever  possible  in  the  country,  when 
this  measure  was  moved  in  the  senate  a  month  ago  ?  Were  we 
not,  and  was  not  the  whole  nation,  grappling  with  that  one 
great,  common,  universal  interest,  the  opening  of  a  communica 
tion  between  our  ocean  frontiers,  and  were  we  not  already  reck 
oning  upon  the  quick  and  busy  subjugation  of  nature  throughout 


MISSOURI   COMPROMISE.  381 

the  interior  of  the  continent  to  the  uses  of  man,  and  dwelling 
with  almost  rapturous  enthusiasm  on  the  prospective  enlarge 
ment  of  our  commerce  in  the  East,  and  of  our  political  sway 
throughout  the  world  1  And  what  have  we  now  here  but  the 
oblivion  of  death,  covering  the  very  memory  of  those  great 
enterprises,  and  prospects,  and  hopes  1 

Senators  from  the  non-slaveholding  states :  You-want  peace. 
Think  well,  I  beseech  you,  before  you  yield  the  price  now 
demanded,  even  for  peace  and  rest  from  slavery  agitation. 
France  has  got  peace  from  republican  agitation  by  a  similar 
sacrifice.  So  has  Poland  •  so  has  Hungary  ;  and  so,  at  last,  has 
Ireland.  Is  the  peace  which  either  of  those  nations  enjoys 
worth  the  price  it  cost  ?  Is  peace,  obtained  at  such  cost,  ever 
a  lasting  peace  ? 

Senators  from  the  slaveholding  states  :  You,  too,  suppose  that 
you  are  securing  peace  as  well  as  victory  in  this  transaction.  I 
tell  you  now,  as  I  told  you  in  1850,  that  it  is  an  error,  an  unne 
cessary  error,  to  suppose,  that  because  you  exclude  slavery  from 
these  halls  to-day,  that  it  will  not  revisit  them  to-morrow.  You 
buried  the  Wilmot  proviso  here  then,  and  celebrated  its  obse 
quies  with  pomp  and  revelry.  And  here  it  is  again  to-day, 
stalking  through  these  halls,  clad  in  complete  steel  as  before. 
Even  if  those  whom  you  denounce  as  factionists  in  the  North 
would  let  it  rest,  you  yourselves  must  evoke  it  from  its  grave. 
The  reason  is  obvious.  Say  what  you  will,  do  what  you  will, 
here,  the  interests  of  the  non-slaveholding  states  and  of  the 
slaveholding  states  remain  just  the  same ;  and  they  will  remain 
just  the  same,  until  you  shall  cease  to  cherish  and  defend 
slavery,  or  we  shall  cease  to  honor  and  love  freedom  !  You  will 
not  cease  to  cherish  slavery.  Do  you  see  any  signs  that  we  are 
becoming  indifferent  to  freedom?  On  the  contrary,  that  old, 
traditional,  hereditary  sentiment  of  the  North  is  more  profound 
and  more  universal  now  than  it  ever  was  before.  The  slavery 
agitation  you  deprecate  so  much  is  an  eternal  struggle  between 
Conservatism  and  Progress,  between  Truth  and  Error,  between 
Right  and  Wrong.  You  may  sooner,  by  act  of  Congress,  com 
pel  the  sea  to  suppress  its  upheavings,  and  the  round  earth  to 
extinguish  its  internal  fires,  than  oblige  the  human  mind  to  cease 
its  inquirings,  and  the  human  heart  to  desist  from  its  throbbings. 


382  SPEECHES   IN   THE   UNITED   STATES   SENATE. 

Suppose  then,  for  a  moment,  that  this  agitation  must  go  on 
hereafter  as  heretofore.  Then,  hereafter  as  heretofore,  there 
will  be  need,  on  both  sides,  of  moderation ;  and,  to  secure  mod 
eration,  there  will  bo  need  of  mediation.  Hitherto  you  have 
secured  moderation  by  means  of  compromises,  by  tendering 
which,  the  great  mediator,  now  no  more,  divided  the  people  of 
the  North.  But  then  those  in  the  North  who  did  not  sympa 
thize  with  you  in  your  complaints  of  aggression  from  that  quar 
ter,  as  well  as  those  who  did,  agreed  that  if  compromises  should 
be  effected,  they  would  be  chivalrously  kept  on  your  part.  I 
cheerfully  admit  that  they  have  been  so  kept  until  now.  But 
hereafter,  when  having  taken  advantage,  which  in  the  North 
will  be  called  fraudulent,  of  the  last  of  those  compromises,  to 
become,  as  you  will  be  called,  the  aggressors,  by  breaking  the 
other,  as  will  be  alleged,  in  violation  of  plighted  faith  and 
honor,  while  the  slavery  agitation  is  rising  higher  than  ever  be 
fore,  and  while  your  ancient  friends,  and  those  whom  you  persist 
in  regarding  as  your  enemies,  shall  have  been  driven  together 
by  a  common  and  universal  sense  of  your  injustice,  what  new 
mode  of  restoring  peace  and  harmony  will  you  then  propose  ? 
What  statesman  will  there  be  in  the  South,  then,  who  can  bear 
the  flag  of  truce  1  What  statesman  in  the  North  who  can 
mediate  the  acceptance  of  your  new  proposals  1  I  think  it  will 
not  be  the  senator  from  Illinois. 

If,  however,  I  err  in  all  this,  let  us  suppose  that  you  succeed 
in  suppressing  political  agitation  of  slavery  in  national  affairs. 
Nevertheless,  agitation  of  slavery  must  go  on  in  some  form ;  for 
all  the  world  around  you  is  engaged  in  it.  It  is,  then,  high  time 
for  you  to  consider  where  you  may  expect  to  meet  it  next.  I 
much  mistake  if,  in  that  case,  you  do  not  meet  it  there  where 
we,  who  once  were  slaveholding  states,  as  you  now  are,  have 
met,  and,  happily  for  us,  succumbed  before  it — namely,  in  the 
legislative  halls,  in  the  churches  and  schools,  and  at  the  fireside, 
within  the  states  themselves.  It  is  an  angel  of  mercy  with 
which,  sooner  or  later,  every  slaveholding  state  must  wrestle, 
and  by  which  it  must  be  overcome.  Even  if,  by  reason  of  this 
measure,  it  should  the  sooner  come  to  that  point,  and  although 
I  am  sure  that  you  will  not  overcome  freedom,  but  that  freedom 
will  overcome  yon,  yet  I  do  not  look  even  then  for  disastrous  or 


NEBRASKA  AND   KANSAS.  383 

unhappy  results.  The  institutions  of  our  country  are  so^ramed, 
that  the  inevitable  conflict  of  opinion  on  slavery,  as  on  every 
other  subject,  can  not  be  otherwise  than  peaceful  in  its  course 
and  beneficent  in  its  termination. 

Nor  shall  I  "  bate  one  jot  of  heart  or  hope,"  in  maintaining  a 
just  equilibrium  of  the  non-slaveholding  states,  even  if  this  ill- 
starred  measure  shall  be  adopted.  The  non-slaveholding  states 
are  teeming  with  an  increase  of  freemen  —  educated,  vigorous, 
enlightened,  enterprising  freemen — such  freemen  as  neither  Eng 
land,  nor  Rome,  nor  even  Athens,  ever  reared.  Half  a  million 
of  freemen  from  Europe  annually  augment  that  increase ;  and 
ten  years  hence  half  a  million,  twenty  years  hence  a  million,  of 
freemen  from  Asia  will  augment  it  still  more.  You  may  ob 
struct,  and  so  turn  the  direction  of  those  peaceful  armies  away 
from  Nebraska.  So  long  as  you  shall  leave  them  room  on  hill 
or  prairie,  by  river-side  or  in  the  mountain-fastnesses,  they  will 
dispose  of  themselves  peacefully  and  lawfully  in  the  places  you 
shall  have  left  open  to  them ;  and  there  they  will  erect  new 
states  upon  free  soil,  to  be  for  ever  maintained  and  defended  by 
free  arms,  and  aggrandized  by  free  labor.  American  slavery,  I 
know,  has  a  large  and  ever-flowing  spring,  but  it  can  not  pour 
forth  its  blackened  tide  in  volumes  like  that  I  have  described. 
If  you  are  wise,  these  tides  of  freemen  and  of  slaves  will  never 
meet,  for  they  will  not  voluntarily  commingle ;  but  if,  neverthe 
less,  through  your  own  erroneous  policy,  their  repulsive  currents 
must  be  directed  against  each  other,  so  that  they  needs  must  meet, 
then  it  is  easy  to  see,  in  that  case,  which  of  them  will  overcome 
the  resistance  of  the  other,  and  which  of  them,  thus  overpow 
ered,  will  roll  back  to  drown  the  source  which  sent  it  forth. 

"  Man  proposes,  and  God  disposes."  You  may  legislate,  and 
abrogate,  and  abnegate,  as  you  will ;  but  there  is  a  Superior 
Power  that  overrules  all  your  actions,  and  all  your  refusals  to 
act;  and,  I  fondly  hope  and  trust,  overrules  them  to  the  ad 
vancement  of  the  happiness,  greatness,  and  glory  of  our  coun 
try — that  overrules,  I  know,  not  only  all  your  actions,  and  all 
your  refusals  to  act,  but  all  human  events,  to  the  distant  but 
inevitable  result  of  the  equal  and  universal  liberty  of  all  men. 


384  SPEECHES   IN   THE   UNITED   STATES  SENATE. 


NEBRASKA  AND   KANSAS. 

SECOND  SPEECH. 

MR.  PRESIDENT  :  I  rise  with  no  purpose  of  further  resisting 
or  even  delaying  the  passage  of  this  bill.  Let  its  advocates 
have  only  a  little  patience,  and  they  will  soon  reach  the  object 
for  which  they  have  struggled  so  earnestly  and  so  long.  The 
sun  has  set  for  the  last  time  upon  the  guarantied  and  certain 
liberties  of  all  the  unsettled  and  unorganized  portions  of  the 
American  continent  that  lie  within  the  jurisdiction  of  the  United 
States.  To-morrow's  sun  will  rise  in  dim  eclipse  over  them.* 
How  long  that  obscuration  shall  last,  is  known  only  to  the  Power 
that  directs  and  controls  all  human  events.  For  myself,  I  know 
only  this  —  that  now  no  human  power  will  prevent  its  coming 
on,  and  that  its  passing  off  will  be  hastened  and  secured  by 
others  than  those  now  here,  and  perhaps  by  only  those  belong 
ing  to  future  generations. 

Sir,  it  would  be  almost  factious  to  offer  further  resistance  to 
this  measure  here.  Indeed,  successful  resistance  was  never  ex 
pected  to  be  made  in  this  hall.  The  senate  floor  is  an  old  bat 
tle-ground,  on  which  have  been  fought  many  contests,  and 
always,  at  least  since  1820,  with  fortune  adverse  to  the  cause 
of  equal  and  universal  freedom.  We  were  only  a  few  here  who 
engaged  in  that  cause  in  the  beginning  of  this  contest.  All  that 
we  could  hope  to  do — all  that  we  did  hope  to  do  —  was  to  or 
ganize  and  to  prepare  the  issue  for  the  house  of  representatives, 
to  which  the  country  would  look  for  its  decision  as  authoritative, 
and  to  awaken  the  country  that  it  might  be  ready  for  the  appeal 
which  would  be  made,  whatever  the  decision  of  Congress  might 
be.  We  are  no  stronger  now.  Only  fourteen  at  the  first,  it 

*  It  will  be  remembered  that  an  almost  total  eclipse  of  the  sun  actually 
ccourred  on  that  day  —  the  26th  of  May,  1854. — ED. 


FREEDOM  AND  PUBLIC  FAITH.  385 

will  be  fortunate  if,  among  the  ills  and  accidents  which  surround 
us,  we  shall  maintain  that  number  to  the  end. 

AY  e  arc  on  the  eve  of  the  consummation  of  a  great  national 
transaction  —  a  transaction  which  will  close  a  cycle  in  the  history 
of  our  country  —  and  it  is  impossible  not  to  desire  to  pause  a 
moment  and  survey  the  scene  around  us  and  the  prospect  be 
fore  us.  However  obscure  we  may  individually  be,  our  connec 
tion  with  this  great  transaction  will  perpetuate  our  names  for 
the  praise  or  for  the  censure  of  future  ages,  and  perhaps  in  re 
gions  far  remote.  If,  then,  we  had  no  other  motive  for  our  ac 
tions  but  that  of  an  honest  desire  for  a  just  fame,  we  could  not 
be  indifferent  to  that  scene  and  that  prospect.  But  individual 
interests  and  ambition  sink  into  insignificance  in  view  of  the  in 
terests  of  our  country  and  of  mankind.  These  interests  awaken, 
at  least  in  me,  an  intense  solicitude. 

It  was  said  by  some  in  the  beginning,  and  it  has  been  said  by 
others  later  in  this  debate,  that  it  was  doubtful  whether  it  would 
be  the  cause  of  slavery  or  the  cause  of  freedom  that  would  gain 
advantages  from  the  passage  of  this  bill.  I  do  not  find  it  neces 
sary  to  be  censorious,  nor  even  unjust  to  others,  in  order  that 
my  own  course  may  be  approved.  I  am  sure  that  the  honora 
ble  senator  from  Illinois  [Mr.  DOUGLAS]  did  not  mean  that  the 
slave  states  should  gain  an  advantage  over  the  free  states,  for 
he  disclaimed  it  when  he  introduced  the  bill.  I  believe,  in  all 
candor,  that  the  honorable  senator  from  Georgia  [Mr.  TOOMBS], 
who  comes  out  at  the  close  of  the  battle  as  one  of  the  chiefest 
lenders  of  the  victorious  party,  is  sincere  in  declaring  his  own 
opinion  that  the  slave  states  will  gain  no  unjust  advantage  over 
the  free  states,  because  he  disclaims  it  as  a  triumph  in  their  be 
half.  Notwithstanding  all  this,  however,  what  has  occurred 
here  and  in  the  country,  during  this  contest,  has  compelled  a 
conviction  that  slavery  will  gain  something,  and  freedom  will 
endure  a  severe,  though  I  hope  not  an  irretrievable  loss.  The 
slaveholding  states  are  passive,  quiet,  content,  and  satisfied  witli 
the  prospective  boon,  and  the  free  states  are  excited  and  alarmed 
with  fearful  forebodings  and  apprehensions.  The  impatience 
for  the  speedy  passage  of  the  bill  manifested  by  its  friends  be 
trays  a  knowledge  that  this  is  the  condition  of  public  sentiment 
in  the  free  states.  They  thought  in  the  beginning  that  it  was 

17 


886  SPEECHES   IN   THE   UNITED   STATES  SENATE. 

necessary  to  guard  the  measure  by  inserting  the  Clayton  amend 
ment,  which  would  exclude  unnaturalized  foreign  inhabitants  of 
the  territories  from  the  right  of  suffrage.  And  now  they  seem 
willing,  with  almost  perfect  unanimity,  to  relinquish  that  safe 
guard,  rather  than  to  delay  the  adoption  of  the  principal  meas 
ure  for  at  most  a  year,  perhaps  for  only  a  week  or  a  day.  Sup 
pose  that  the  senate  should  adhere  to  that  condition,  which  so 
lately  was  thought  so  wise  and  so  important  —  what  then  ?  The 
bill  could  only  go  back  to  the  house  of  representatives,  which 
must  either  yield  or  insist !  In  the  one  case  or  in  the  other,  a 
decision  in  favor  of  the  bill  would  be  secured,  for  even  if  the 
house  should  disagree,  the  senate  would  have  time  to  recede. 
But  the  majority  will  hazard  nothing,  even  on  a  prospect  so  cer 
tain  as  this.  They  will  recede  at  once,  without  a  moment's  fur 
ther  struggle,  from  the  condition,  and  thus  secure  the  passage 
of  this  bill,  now  to-night.  Why  such  haste  1  Even  if  the  question 
were  to  go  to  the  country  before  a  final  decision  here,  what 
would  there  be  wrong  in  that?  There  is  no  man  living  who 
will  sfiy  that  the  country  anticipated,  or  that  lie  anticipated,  agi 
tation  of  this  measure  in  Congress,  when  this  Congress  was 
elected,  or  even  when  it  assembled  in  December  last. 

Under  such  circumstances,  and  in  the  midst  of  agitation,  and 
excitement,  and  debates,  it  is  only  fair  to  say  that  certainly  the 
country  has  not  decided  in  favor  of  the  bill.  The  refusal,  then, 
to  let  the  question  go  to  the  country,  is  a  conclusive  proof  that 
the  slave  states,  as  represented  here,  expect  from  the  passage 
of  this  bill  what  the  free  states  insist  that  they  will  lose  by  it, 
an  advantage,  a  material  advantage,  and  not  a  mere  abstraction. 
There  are  men  in  the  slave  states,  as  in  the  free  states,  who  in 
sist  always  too  pertinaciously  upon  mere  abstractions.  But  that 
is  not  the  policy  of  the  slave  states  to-day.  They  are  in  earnest 
in  seeking  for  and  securing  an  object,  and  an  important  one.  I 
believe  they  are  going  to  have  it.  I  do  not  know  how  long  the 
advantage  gained  will  last,  nor  how  great  or  comprehensive  it 
will  be.  Every  senator  who  agrees  with  me  in  opinion  must 
feel  as  I  do  —  that  under  such  circumstances  he  can  forego  noth 
ing  that  can  be  done  decently,  with  clue  respect  to  difference  of 
opinion,  and  consistently  with  the  constitutional  and  settled  rules 
of  legislation,  to  place  the  true  merits  of  the  question  before  the 


THE   MISSOURI   COMPROMISE.  387 

country.  Questions  sometimes  occur,  which  seem  to  have  two 
right  sides.  Such  were  the  questions  that  divided  the  English 
nation  between  Pitt  and  Fox — such  the  contest  between  the 
assailant  and  the  defender  of  Quebec.  The  judgment  of  the 
world  was  suspended  by  its  sympathies,  and  seemed  ready  to 
descend  in  favor  of  him  who  should  be  most  gallant  in  conduct. 
And  so,  when  both  fell  with  equal  chivalry  on  the  same  field, 
the  survivors  united  in  raising  a  common  monument  to  the  glori 
ous  but  rival  memories  of  Wolfe  and  Montcalm.  But  this  con 
test  involves  a  moral  question.  The  slave  states  so  present  it. 
They  maintain  that  African  slavery  is  not  erroneous,  not  unjust, 
not  inconsistent  with  the  advancing  cause  of  human  nature. 
Since  they  so  regard  it,  I  do  not  expect  to  see  statesmen  repre 
senting  those  states  indifferent  about  a  vindication  of  this  system 
by  the  Congress  of  the  United  States.  On  the  other  hand,  we 
of  the  free  states  regard  slavery  as  erroneous,  unjust,  oppressive, 
and  therefore  absolutely  inconsistent  with  the  principles  of  the 
American  constitution  and  government.  Who  will  expect  us  to 
be  indifferent  to  the  decisions  of  the  American  people  and  of 
mankind  on  such  an  issue "? 

Again  :  there  is  suspended  on  the  issue  of  this  contest  the  po 
litical  equilibrium  between  the  free  and  the  slave  states.  It  is 
no  ephemeral  question,  no  idle  question,  whether  slavery  shall 
go  on  increasing  its  influence  over  the  central  power  here,  or 
whether  freedom  shall  gain  the  ascendency.  I  do  not  expect  to  see 
statesmen  of  the  slave  states  indifferent  on  so  momentous  a  question, 
and  as  little  can  it  be  expected  that  those  of  the  free  states  will 
betray  their  own  great  cause.  And  now  it  remains  for  me  to 
declare,  in  view  of  the  decision  of  this  controversy  so  near  at 
hand,  that  I  have  seen  nothing  and  heard  nothing  during  its 
progress  to  change  the  opinions  which  at  the  earliest  proper 
period  I  deliberately  expressed.  Certainly,  I  have  not  seen 
the  evidence  then  promised,  that  the  free  states  would  acquiesce 
in  the  measure.  As  certainly,  too,  I  may  say  that  I  have  not 
seen  the  fulfilment  of  the  promise  that  the  history  of  the  last 
thirty  years  would  be  revised,  corrected,  and  amended,  and  that 
it  would  then  appear  that  the  country,  during  all  that  period, 
had  been  resting  in  prosperity  and  contentment  and  peace,  not 
upon  a  valid,  constitutional,  and  irrevocable  compromise  be- 


388  SPEECHES   IN   THE   UNITED   STATES   SENATE. 

tween  the  slave  states  and  the  4free  states,  but  upon  an  uncon 
stitutional  and  false,  and  even  infamous,  act  of  congressional 
usurpation. 

On  the  contrary,  I  am  now,  if  possible,  more  than  ever  satis- 
lied  that,  after  all  this  debate,  the  history  of  the  country  will  go 
down  to  posterity  just  as  it  stood  before,  carrying  to  them  the 
everlasting  facts  that  until  1820  the  Congress  of  the  United 
States  legislated  to  prevent  the  introduction  of  slavery  into  new 
territories  whenever  that  object  was  practicable ;  and  that  in 
that  year  they  so  far  modified  that  policy,  under  alarming  ap 
prehensions  of  civil  convulsion,  by  a  constitutional  enactment  in 
the  character  of  a  compact,  as  to  admit  Missouri  a  new  slave 
state ;  but  upon  the  express  condition,  stipulated  in  favor  of  the 
free  states,  that  slavery  should  be  for  ever  prohibited  in  all  the 
residue  of  the  existing  and  unorganized  territory  of  the  United 
States  lying  north  of  the  parallel  of  36°  30X  north  latitude.  Cer 
tainly,  I  find  nothing  to  win  my  favor  toward  the  bill  in  the 
proposition  of  the  senator  from  Maryland  [Mr.  PEARCE],  to  re 
store  the  Clayton  amendment,  which  was  struck  out  in  the  house 
of  representatives.  So  far  from  voting  for  that  proposition,  I 
shall  vote  against  it  now,  as  I  did  when  it  was  under  considera 
tion  here  before,  in  accordance  with  the  opinion  adopted  as  early 
as  any  political  opinions  I  ever  had,  and  cherished  as  long,  that 
the  right  of  suffrage  is  not  a  mere  conventional  right,  but  an  in 
herent  natural  right,  of  which  no  government  can  rightly  de 
prive  any  adult  man  who  is  subject  to  its  authority,  and  obligated 
to  its  support. 

I  hold,  moreover,  sir,  that  inasmuch  as  every  man  is,  by  force 
of  circumstances  beyond  his  own  control,  a  subject  of  govern 
ment  somewhere,  he  is,  by  the  very  constitution  of  human  soci 
ety,  entitled  to  share  equally  in  the  conferring  of  political  power 
on  those  who  wield  it,  if  he  is  not  disqualified  by  crime ;  that  in 
a  despotic  government  he  ought  to  be  allowed  arms,  in  a  free 
government  the  ballot  or  the  open  vote,  as  a  means  of  self-pro 
tection  against  unendurable  oppression.  I  am  not  likely,  there 
fore,  to  restore  to  this  bill  an  amendment  which  would  deprive  it 
of  an  important  feature  imposed  upon  it  by  the  house  of  repre 
sentatives,  and  that  one,  perhaps,  the  only  feature  that  harmo 
nizes  with  my  own  convictions  of  justice.  It  is  true  that  the 


NEBRASKA   AND   KANSAS.  389 

house  of  representatives  stipulate  such  suffrages  for  white  men 
as  a  condition  for  opening  it  to  the  possible  proscription  and 
slavery  of  the  African.  I  shall  separate  them.  I  shall  vote  for 
the  former,  and  against  the  latter,  glad  to  get  universal  suffrage 
of  white  men,  if  only  that  can  be  gained  now,  and  working  right 
on,  full  of  hope  and  confidence,  for  the  prevention  or  the  abroga 
tion  of  slavery  in  the  territories  hereafter. 

Sir,  I  am  surprised  at  the  pertinacity  with  which  the  honora 
ble  senator  from  Delaware,  mine  ancient  and  honorable  friend 
[Mr.  CLAYTON],  perseveres  in  opposing  the  granting  of  the  right 
6f  suffrage  to  the  unnaturalized  foreigner  in  the  territories.  Con 
gress  can  not  deny  him  that  right.  Here  is  the  third  article 
of  that  convention  by  which  Louisiana,  including  Kansas  and 
Nebraska,  was  ceded  to  the  United  States  :  — 

"The  inhabitants  of  the  ceded  territory  shall  be  incorporated  in  the  Union 
of  the  United  States,  and  admitted  as  soon  as  possible,  according  to  the 
principles  of  the  federal  constitution,  to  the  enjoyment  of  the  rights,  privi 
leges,  and  immunities,  of  citizens  of  the  United  States;  and  in  the  mean 
time  they  shall  be  maintained  and  protected  in  the  free  enjoyment  of  their 
liberty,  property,  and  the  religion  they  profess." 

The  inhabitants  of  Kansas  and  Nebraska  are  citizens  already, 
and  by  force  of  this  treaty  must  continue  to  be,  and  as  such  to 
enjoy  the  right  of  suffrage,  whatever  laws  you  may  make  to  the 
contrary.  My  opinions  are  well  known,  to  wit :  That  slavery 
is  not  only  an  evil,  but  a  local  one,  injurious  and  ultimately  per 
nicious  to  society,  wherever  it  exists,  and  in  conflict  with  the 
constitutional  principles  of  society  in  this  country.  I  am  not 
willing  to  extend  nor  to  permit  the  extension  of  that  local  evil 
into  regions  now  free  within  our  empire.  I  know  that  there 
are  some  who  differ  from  me,  and  who  regard  the  constitution 
of  the  United  States  as  an  instrument  which  sanctions  slavery 
as  well  as  freedom.  But  if  I  could  admit  a  proposition  so  incon 
gruous  with  the  letter  and  spirit  of  the  Federal  Constitution,  and 
the  known  sentiments  of  its  illustrious  founders,  and  so  should 
conclude  that  slavery  was  national,  I  must  still  cherish  the  opin 
ion  that  it  is  an  evil ;  and  because  it  is  a  national  one,  I  am  the 
more  firmly  held  and  bound  to  prevent  an  increase  of  it,  tending, 
as  I  think  it  manifestly  does,  to  the  weakening  and  ultimate 
overthrow  of  the  constitution  itself,  and  therefore  to  the  injury 


390  SPEECHES   IN   THE   UNITED   STATES   SENATE. 

of  all  mankind.  I  know  there  have  been  states  which  have  en 
dured  long,  and  achieved  much,  which  tolerated  slavery ;  but 
that  was  not  the  slavery  of  caste,  like  African  slavery.  Such 
slavery  tends  to  demoralize  equally  the  subjected  race  and  the 
superior  one.  It  has  been  the  absence  of  such  slavery  from  Europe 
that  has  given  her  nations  their  superiority  over  other  countries  in 
that  hemisphere.  Slavery,  wherever  it  exists,  begets  fear,  and 
fear  is  the  parent  of  weakness.  What  is  the  secret  of  that  eternal, 
sleepless  anxiety  in  the  legislative  halls,  and  even  at  the  firesides, 
of  the  slave  states,  always  asking  new  stipulations,  new  compro 
mises  and  abrogations  of  compromises,  new  assumptions  of  power 
and  abnegations  of  power,  but  fear  1  It  is  the  apprehension  that, 
even  if  safe  now,  they  will  not  always  or  long  be  secure  against 
some  invasion  or  some  aggression  from  the  free  states.  What 
is  the  secret  of  the  humiliating  part  which  proud  old  Spain  is 
acting  at  this  day,  trembling  between  alarms  of  American  intru 
sion  into  Cuba  on  one  side,  and  British  dictation  on  the  other, 
but  the  fact  that  she  has  cherished  slavery  so  long,  and  still 
cherishes  it,  in  the  last  of  her  American  colonial  possessions  ? 
Thus  far,  Kansas  and  Nebraska  are  safe,  under  the  laws  of  1820, 
against  the  introduction  of  this  element  of  national  debility  and 
decline.  The  bill  before  us,  as  we  are  assured,  contains  a  great 
principle,  a  glorious  principle;  and  yet  that  principle,  when 
fully  ascertained,  proves  to  be  nothing  less  than  the  subversion 
of  that  security,  not  only  within  the  territories  of  Kansas  and 
Nebraska,  but  within  all  the  other  present  and  future  new  terri 
tories  of  the  United  States.  Thus  it  is  quite  clear  that  it  is  not 
a  principle  alone  that  is  involved,  but  that  those  who  crowd  this 
measure  with  so  much  zeal  and  earnestness,  must  expect  that 
either  freedom  or  slavery  shall  gain  something  by  it  in  those  re 
gions.  The  case,  then,  stands  thus  in  Kansas  and  Nebraska : 
Freedom  may  lose,  but  certainly  can  gain  nothing ;  while  sla 
very  may  gain,  but  as  certainly  can  lose  nothing. 

So  far  as  I  am  concerned,  the  time  for  looking  on  the  dark 
side  has  passed.  I  feel  quite  sure  that  slavery  at  most  can  get 
nothing  more  than  Kansas  ;  while  Nebraska,  the  wider  northern 
region,  will,  under  existing  circumstances,  escape,  for  the  reason 
that  its  soil  and  climate  are  uncongenial  with  the  staples  of  slave 
culture  —  rice,  sugar,  cotton,  and  tobacco.  Moreover,  since  the 


FREEDOM  AND  PUBLIC  FAITH.  391 

public  attention  lias  been  so  well  and  so  effectually  directed 
toward  the  subject,  I  cherish  a  hope  that  slavery  may  be  pre 
vented  even  from  gaining  a  foothold  in  Kansas.  Congress  only 
gives  consent,  but  it  does  not  and  can  not  introduce  slavery 
there.  Slavery  will  be  embarrassed  by  its  own  over-grasping 
spirit.  No  one,  I  am  sure,  anticipates  the  possible  re-establish 
ment  of  the  African  slave  trade.  The  tide  of  emigration  to 
Kansas  is  therefore  to  be  supplied  there  solely  by  the  domestic 
fountain  of  slave  production.  But  slavery  has  also  other  regions 
besides  Kansas  to  be  filled  from  that  fountain.  There  are  all 
of  New  Mexico  and  all  of  Utah  already  within  the  United  States  ; 
and  then  there  is  Cuba,  that  consumes  slave  labor  and  life  as 
fast  as  any  one  of  the  slaveholding  states  can  supply  it ;  and 
besides  these  regions,  there  remains  all  of  Mexico  down  to  the 
isthmus.  The  stream  of  slave  labor  flowing  from  so  small  a 
fountain,  and  broken  into  several  divergent  channels,  will  not 
cover  so  great  a  field  ;  and  it  is  reasonably  to  be  hoped  that  the 
part  of  it  nearest  to  the  north  pole  will  be  the  last  to  be  inunda 
ted.  But  African  slave  emigration  is  to  compete  with  free  emi 
gration  of  white  men,  and  the  source  of  this  latter  tide  is  as 
ample  as  the  civilization  of  the  two  entire  continents.  The  hon 
orable  senator  from  Delaware  mentioned,  as  if  it  were  a  start 
ling  fact,  that  twenty  thousand  European  immigrants  arrived 
in  New  York  in  one  month.  Sir,  he  has  stated  the  fact  with 
too  much  moderation.  On  my  return  to  the  capital,  a  day  or 
two  ago,  I  met  twelve  thousand  of  these  immigrants  who  had 
arrived  in  New  York  on  one  morning,  and  who  had  thronged 
the  churches  on  the  following  sabbath,  to  return  thanks  for  de 
liverance  from  the  perils  of  the  sea,  and  for  their  arrival  in  the 
land,  not  of  slavery,  but  of  liberty.  I  also  thank  God  for  their 
escape,  and  for  their  coming.  They  are  now  on  their  way  west 
ward,  and  the  news  of  the  passage  of  this  bill,  preceding  them, 
will  speed  many  of  them  toward  Kansas  and  Nebraska.  Such 
arrivals  are  not  extraordinary  —  they  occur  almost  every  week  ; 
and  the  immigration  from  Germany,  from  Great  Britain,  and 
from  Norway,  and  from  Sweden,  during  the  European  war,  will 
rise  to  six  or  seven  hundred  thousand  souls  in  a  year.  And 
with  this  tide  is  to  be  mingled  one  rapidly  swelling  from  Asia 
and  from  the  islands  of  the  South  seas.  All  the  immigrants, 


392  SPEECHES   IN   THE   UNITED   STATES   SENATE. 

under  this  bill  as  the  house  of  representatives  overruling  you 
have  ordered,  will  be  good,  loyal,  liberty-loving,  slavery-fearing 
citizens.  Come  on,  then,  gentlemen  of  the  slave  states.  Since 
there  is  no  escaping  your  challenge,  I  accept  it  in  behalf  of  the 
cause  of  freedom.  We  will  engage  in  competition  for  the  virgin 
soil  of  Kansas,  and  God  give  the  victory  to  the  side  which  is 
stronger  in  numbers  as  it  is  in  right. 

There  are,  however,  earnest  advocates  of  this  bill,  who  do  not 
expect,  and  who,  I  suppose,  do  not  desire,  that  slavery  shall 
gain  possession  of  Nebraska.  What  do  they  expect  to  gain  ? 
The  honorable  senator  from  Indiana  [Mr.  PETTIT]  says  that  by 
thus  obliterating  the  Missouri  Compromise  restriction,  they  will 
gain  a  tabula  rasa,  on  which  the  inhabitants  of  Kansas  and 
Nebraska  may  write  whatever  they  will.  This  is  the  great  prin 
ciple  of  the  bill,  as  he  understands  it.  Well,  what  gain  is  there 
in  that  ?  You  obliterate  a  constitution  of  freedom.  If  they 
write  a  new  constitution  of  freedom,  can  the  new  be  better  than 
the  old  ?  If  they  write  a  constitution  of  slavery,  will  it  not  be 
a  worse  one  ?  I  ask  the  honorable  senator  that !  But  the  hon 
orable  senator  says  that  the  people  of  Nebraska  will  have  the 
privilege  of  establishing  institutions  for  themselves.  They  have 
now  the  privilege  of  establishing  free  institutions.  Is  it  a  privi 
lege,  then,  to  establish  slavery  ?  If  so,  what  a  mockery  are  all 
our  constitutions,  which  prevent  the  inhabitants  from  capriciously 
subverting  free  institutions  and  establishing  institutions  of  slavery  ? 
Sir,  it  is  a  sophism,  a  subtlety,  to  talk  of  conferring  upon  a 
country,  already  secure  in  the  blessings  of  freedom,  the  power 
of  self-destruction. 

What  mankind  everywhere  want,  is  not  the  removal  of  the 
constitutions  of  freedom  which  they  have,  that  they  may  make 
at  their  pleasure  constitutions  of  slavery  or  of  freedom,  but  the 
privilege  of  retaining  constitutions  of  freedom  when  they  already 
have  them,  and  the  removal  of  constitutions  of  slavery  when 
they  have  them,  that  they  may  establish  constitutions  of  free 
dom  in  their  place.  We  hold  on  tenaciously  to  all  existing 
constitutions  of  freedom.  Who  denounces  any  man  for  dili 
gently  adhering  to  such  constitutions  ?  Who  would  dare  to 
denounce  any  one  for  disloyalty  to  our  existing  constitutions,  if 
they  were  constitutions  of  despotism  and  slavery?  But  it  is 


THE  MISSOURI   COMPROMISE.  393 

supposed  by  some  that  this  principle  is  less  important  in  regard 
to  Kansas  and  Nebraska  than  as  a  general  one  —  a  general  prin 
ciple  applicable  to  all  other  present  and  future  territories  of  the 
United  States.  Do  honorable  senators  then  indeed  suppose 
they  are  establishing  a  principle  at  all  ?  If  so,  I  think  they 
egregiously  err,  whether  the  principle  is  either  good  or  bad,  right 
or  wrong.  They  are  not  establishing  it,  and  can  not  establish 
it  in  this  way.  You  subvert  one  law  capriciously,  by  making 
another  law  in  its  place.  That  is  all.  Will  your  law  have  any 
more  weight,  authority,  solemnity,  or  binding  force  on  future 
Congresses  than  the  first  had1?  You  abrogate  the  law  of  your 
predecessors — others  will  have  equal  power  and  equal  liberty 
to  abrogate  yours.  You  allow  no  barriers  around  the  old  law, 
to  protect  it  from  abrogation.  You  erect  none  around  your  new 
law,  to  stay  the  hand  of  future  innovators. 

On  what  ground  do  you  expect  the  new  law  to  stand  1  If 
you  are  candid,  you  will  confess  that  you  rest  your  assumption 
on  the  ground  that  the  free  states  will  never  agitate  repeal,  but 
always  acquiesce.  It  may  be  that  you  are  right.  I  am  not 
going  to  predict  the  course  of  the  free  states.  I  claim  no 
authority  to  speak  for  them,  and  still  less  to  say  what  they  will 
do.  But  I  may  venture  to  say,  that  if  they  shall  not  repeal 
this  law,  it  will  not  be  because  they  are  not  strong  enough  to  do 
it.  They  have  power  in  the  house  of  representatives  greater 
than  that  of  the  slave  states,  and,  when  they  choose  to  exercise 
it,  a  power  greater  even  here  in  the  senate.  The  free  states 
are  not  dull  scholars,  even  in  practical  political  strategy.  When 
you  shall  have  taught  them  that  a  compromise  law  establishing 
freedom  can  be  abrogated,  and  the  Union  nevertheless  stand, 
you  will  have  let  them  into  another  secret,  namely  :  that  a  law 
permitting  or  establishing  slavery  can  be  repealed,  and  the 
Union  nevertheless  remain  firm.  If  you  inquire  why  they  do 
not  stand  by  their  rights  and  their  interests  more  firmly,  I  will 
tell  you  to  the  best  of  my  ability.  It  is  because  they  are  con 
scious  of  their  strength,  and  therefore  unsuspecting,  and  slow  to 
apprehend  danger.  The  reason  why  you  prevail  in  so  many 
contests,  is  because  you  are  in  perpetual  fear. 

There  can  not  be  a  convocation  of  abolitionists,  however  im 
practicable,  in  Faneuil  Hall  or  the  Tabernacle,  though  it  con- 

17* 


394  SPEECHES  IN  THE  UNITED  STATES  SENATE. 

sists  of  men  and  women  who  have  separated  themselves  from 
all  effective  political  parties,  and  who  have  renounced  all  politi 
cal  agencies,  even  though  they  resolve  that  they  will  vote  for 
nobody,  not  even  for  themselves,  to  carry  out  their  purposes, 
and  though  they  practise  on  that  resolution,  hut  you  take  alarm, 
and  your  agitation  renders  necessary  such  compromises  as  those 
of  1820  and  1850.  We  are  young  in  the  arts  of  politics;  you 
are  old.  We  are  strong ;  you  are  weak.  We  are,  therefore, 
over-confident,  careless,  and  indifferent;  you  are  vigilant  and 
active.  These  are  traits  that  redound  to  your  praise.  They 
are  mentioned  not  in  your  disparagement.  I  say  only  that 
there  may  be  an  extent  of  intervention,  of  aggression,  on  your 
side,  which  may  induce  the  North,  at  some  time,  either  in  this 
or  in  some  future  generation,  to  adopt  your  tactics  and  follow 
your  example.  Remember  now,  that  by  unanimous  consent, 
this  new  law  will  be  a  repealable  statute,  exposed  to  all  the 
chances  of  the  Missouri  compromise.  It  stands  an  infinitely 
worse  chance  of  endurance  than  that  compromise  did. 

The  Missouri  Compromise  was  a  transaction  which  wise, 
learned,  patriotic  statesmen  agreed  to  surround  and  fortify  with 
the  principles  of  a  compact  for  mutual  considerations,  passed 
and  executed,  and  therefore,  although  not  irrepealable  in  fact, 
yet  irrepealable  in  honor  and  conscience ;  and,  down  at  least 
until  this  very  session  of  the  Congress  of  the  United  States, 
it  has  had  the  force  and  authority  not  merely  of  an  act  of  Con 
gress,  but  of  a  covenant  between  the  free  states  and  the  slave 
states,  scarcely  less  sacred  than  the  constitution  itself.  Now, 
then,  who  arc  your  contracting  parties  in  the  law  establishing 
governments  in  Kansas  and  Nebraska,  and  abrogating  the  Mis 
souri  Compromise  ?  What  are  the  equivalents  in  this  law  1 
What  has  the  North  given,  and  what  has  the  South  got  back, 
that  makes  this  a  contract  ?  Who  pretends  that  it  is  anything 
more  than  an  ordinary  act  of  ordinary  legislation  1  If,  then,  a 
law  which  has  all  the  forms  and  solemnities  recognised  by  com 
mon  consent  as  a  compact,  and  is  covered  with  traditions,  can 
not  stand  amid  this  shuffling  of  this  balance  between  the  free 
states  and  the  slave  states,  tell  me  what  chance  this  new  law 
that  you  are  passing  will  have  ? 

You  are,  moreover  setting  a  precedent  which  abrogates  all 


NEBRASKA   AND   KANSAS.  395 

compromises.  -  Four  years  ago,  you  obtained  the  consent  of  a 
portion  of  the  free  states  —  enough  to  render  the  effort  at  im 
mediate  repeal  or  resistance  alike  impossible  —  to  what  we 
regarded  as  an  unconstitutional  act  for  the  surrender  of  fugitive 
slaves.  That  was  declared,  by  the  common  consent  of  the  per 
sons  acting  in  the  name  of  the  two  parties,  the  slave  states  and 
the  free  states  in  Congress,  an  irrepealable  law — not  even  to  be 
questioned,  although  it  violated  the  constitution.  In  establishing 
this  new  principle,  you  expose  that  law  also  to  the  chances  of 
repeal.  You  not  only  so  expose  the  fugitive  slave  law,  but  there 
is  110  solemnity  about  the  articles  for  the  annexation  of  Texas  to 
the  United  States,  which  does  not  hang  about  the  Missouri  com 
promise  ;  and  when  you  have  shown  that  the  Missouri  com 
promise  can  be  repealed,  then  the  articles  for  the  annexation  of 
Texas  are  subject  to  the  will  and  pleasure  and  the  caprice  of  a 
temporary  majority  in  Congress.  Do  you,  then,  expect  that 
the  free  states  are  to  observe  compacts,  and  you  to  be  at  liberty 
to  break  them ;  that  they  are  to  submit  to  laws  and  leave  them 
on  the  statute-book,  however  unconstitutional  and  however 
grievous,  and  that  you  are  to  rest  under  no  such  obligation  1  I 
think  it  is  not  a  reasonable  expectation.  Say,  then,  who  from 
the  North  will  be  bound  to  admit  Kansas,  when  Kansas  shall 
come  in  here,  if  she  shall  come  as  a  slave  state  ? 

The  honorable  senator  from  Georgia,  [Mr.  TOOMBS,]  and  I 
know  he  is  as  sincere  as  he  is  ardent,  says  if  he  shall  be  here 
when  Kansas  comes  as  a  free  state,  he  will  vote  for  her  admis 
sion.  I  doubt  not  that  he  would ;  but  he  will  not  be  here,  for 
the  very  reason,  if  there  be  no  other,  that  he  would  vote  that 
way.  When  Oregon  or  Minnesota  shall  come  here  for  admis 
sion —  within  one  year,  or  two  years,  or  three  years  from  this 
time  —  we  shall  then  see  what  your  new  principle  is  worth  in 
its  obligation  upon  the  slaveholding  states.  No  ;  you  establish 
no  principle,  you  only  abrogate  a  principle  which  was  establish 
ed  for  your  own  security  as  well  as  ours ;  and  while  you  think 
you  are  abnegating  and  resigning  all  power  and  all  authority  on 
this  subject  into  the  hands  of  the  people  of  the  territories,  you 
are  only  getting  over  a  difficulty  in  settling  this  question  in  the 
organization  of  two  new  territories,  by  postponing  it  till  they 
come  here  to  be  admitted  as  states,  slave  or  free. 


396  SPEECHES  IN   THE   UNITED   STATES  SENATE. 

Sir,  in  saying  that  your  new  principle  will  not  be  established 
by  this  bill,  I  reason  from  obvious,  clear,  well-settled  principles 
of  human  nature.  Slavery  and  Freedom  are  antagonistic*!  ele 
ments  in  this  country.  The  founders  of  the  constitution  framed 
it  with  a  knowledge  of  that  antagonism,  and  suffered  it  to  con 
tinue,  that  it  might  work  out  its  own  ends.  There  is  a  commer 
cial  antagonism,  an  irreconcilable  one,  between  the  systems  of 
free  labor  and  slave  labor.  They  have  been  at  war  with  each 
other  ever  since  the  government  was  established,  and  that  war 
is  to  continue  for  ever.  The  contest,  when  it  ripens  between 
these  two  antagonistic  elements,  is  to  be  settled  somewhere  ;  it  is 
to  be  settled  in  the  seat  of  central  power,  in  the  federal  legisla 
ture.  The  constitution  makes  it  the  duty  of  the  central  govern 
ment  to  determine  questions  as  often  as  they  shall  arise  in  favor 
of  one  or  the  other  party,  and  refers  the  decision  of  them  to  the 
majority  of  the  votes  in  the  two  houses  of  Congress.  It  will 
come  back  here,  then,  in  spite  of  all  the  efforts  to  escape  from  it. 

This  antagonism  must  end  either  in  a  separation  of  the  antag 
onistic  parties  —  the  slaveholding  states  and  the  free  states  —  or, 
secondly,  in  the  complete  establishment  of  the  influence  of  the 
slave  power  over  the  free  —  or  else  on  the  other  hand,  in  the  Es 
tablishment  of  the  superior  influence  of  Freedom  over  the  inter 
ests  of  slavery.  It  will  not  be  terminated  by  a  voluntary  seces 
sion  of  either  party.  Commercial  interests  bind  the  slave  states 
and  the  free  states  together  in  links  of  gold  that  are  riveted 
with  iron,  and  they  can  not  be  broken  by  passion  or  by  ambition. 
Either  party  will  submit  to  the  ascendency  of  the  other,  rather 
than  yield  to  the  commercial  advantages  of  this  Union.  Politi 
cal  ties  bind  the  Union  together — a  common  necessity,  and  not 
merely  a  common  necessity,  but  the  common  interests  of  empire 
—  of  such  empire  as  the  world  has  never  before  seen.  The  con 
trol  of  the  national  power  is  the  control  of  the  great  western 
continent ;  and  the  control  of  this  continent  is  to  be  in  a  very 
few  years  the  controlling  influence  in  the  world.  Who  is  there 
North,  that  hates  slavery  so  much,  or  who,  South,  that  hates 
emancipation  so  intensely,  that  he  can  attempt,  with  any  hope 
of  success,  to  break  a  Union  thus  forged  and  welded  together  ? 
I  have  always  heard,  with  equal  pity  and  disgust,  threats  of  dis 
union  in  the  free  states,  and  similar  threats  in  the  slaveholding 


FREEDOM   AND-  PUBLIC   FAITH.  397 

states.  I  know  that  men  may  rave  in  the  heat  of  passion,  and 
under  great  political  excitement ;  but  I  know  that  when  it  comes 
to  a  question  whether  this  Union  shall  stand,  either  with  Free 
dom  or  with  Slavery,  the  masses  will  uphold  it,  and  it  will  stand 
until  some  inherent  vice  in  its  constitution,  not  yet  disclosed, 
shall  cause  its  dissolution.  XOAV,  entertaining  these  opinions  there 
are  for  me  only  two  alternatives,  viz. :  either  to  let  slavery  gain 
unlimited  sway,  or  so  to  exert  what  little  power  and  influence  I 
may  have,  as  to  secure,  if  I  can,  the  ultimate  predominance  of 
freedom. 

In  doing  this,  I  do  no  more  than  those  who  believe  the  slave 
power  is  rightest,  wisest,  and  best,  are  doing,  and  will  continue 
to  do,  with  my  free  consent,  to  establish  its  complete  supremacy. 
If  they  shall  succeed,  I  still  shall  be,  as  I  have  been,  a  loyal 
citizen.  If  we  succeed,  I  know  they  will  be  loyal  also,  because 
it  will  be  safest,  wisest,  and  best,  for  them  to  be  so.  The  ques 
tion  is  one,  not  of  a  day,  or  of  a  year,  but  of  many  years,  and 
for  aught  I  know,  many  generations.  Like  all  other  great  po 
litical  questions,  it  will  be  attended  sometimes  by  excitement, 
sometimes  by  passion,  and  sometimes,  perhaps,  even  by  faction ; 
but  it  is  sure  to  be  settled  in  a  constitutional  way,  without  any 
violent  shock  to  society,  or  to  any  of  its  great  interests.  It  is, 
moreover,  sure  to  be  settled  rightly ;  because  it  will  be  settled 
under  the  benign  influences  of  republicanism  and  Christianity, 
according  to  the  principles  of  truth  and  justice,  as  ascertained 
by  human  reason.  In  pursuing  such  a  course,  it  seems  to  me 
obviously  as  wise  as  it  is  necessary  to  save  all  existing  laAvs  and 
constitutions  which  are  conservative  of  Freedom,  and  to  permit, 
as  far  as  possible,  the  establishment  of  no  new  ones  in  favor  of 
slavery ;  and  thus  to  turn  away  the  thoughts  of  the  states  which 
tolerate  slavery  from  political  efforts  to  perpetuate  what  in  its 
nature  can  not  be  perpetual,  to  the  more  wise  and  benign  policy 
of  emancipation. 

This,  in  my  humble  judgment,  is  the  simple,  easy  path  of  duty 
for  the  American  statesman.  I  will  not  contemplate  that  other 
alternative  —  the  greater  ascendency  of  the  slave  power.  I  be 
lieve  that  if  it  ever  shall  come,  the  voice  of  Freedom  will  cease 
to  be  heard  in  these  halls,  whatever  may  be  the  evils  and  dangers 
which  slavery  shall  produce.  I  say  this  without  disrespect  for  rep- 


398          ,  SPEECHES  IN  THE  UNITED  STATES  SENATE. 

resentatives  of  slave  states,  and  I  say  it  because  the  rights  of  pe 
tition  and  of  debate  on  that  subject  are  effectually  suppressed  — 
necessarily  suppressed  —  in  all  the  slave  states,  and  because 
they  are  not  always  held  in  reverence  even  now,  in  the  two 
houses  of  Congress.  When  freedom  of  speech  on  a  subject  of 
such  vital  interest  shall  have  ceased  to  exist  in  Congress,  then 
I  shall  expect  to  see  slavery  not  only  luxuriating  in  all  new 
territories,  but  stealthily  creeping  even  into  the  free  states  them 
selves.  Believing  this,  and  believing,  also,  that  complete  re 
sponsibility  of  the  government  to  the  people  is  essential  to  pub 
lic  and  private  safety,  and  that  decline  and  ruin  are  sure  to  fol 
low,  always,  on  the  train  of  slavery,  I  am  sure  that  this  will  be 
no  longer  a  land  of  freedom  and  constitutional  liberty  when  sla 
very  shall  have  thus  become  paramount.  Auferre  trucidare  fal- 
sis  nominibus  impcrium  atque  ubi  solitu dinem  Jaciunt  pacem  ap 
pellant. 

Sir,  I  have  always  said  that  I  should  not  despond,  even  if 
this  fearful  measure  should  be  effected ;  nor  do  I  now  despond. 
Although,  reasoning  from  my  present  convictions,  I  should  not 
have  voted  for  the  compromise  of  1820,  I  have  labored,  in  the 
very  spirit  of  those  who  established  it,  to  save  the  landmark  of 
Freedom  which  it  assigned.  I  have  not  spoken  irreverently, 
even  of  the  compromise  of  1850,  which,  as  all  men  know,  I  op 
posed  earnestly  and  with  diligence.  Nevertheless,  I  have  always 
preferred  the  compromises  of  the  constitution,  and  have  wanted 
no  others.  I  feared  all  others.  This  was  a  leading  princi 
ple  of  the  great  statesman  of  the  South  [Mr.  CALHOUN].  Said 
he:  — 

"I  see  my  way  in  the  constitution  ;  I  can  not  in  a  compromise.  A  com 
promise  is  but  an  act  of  Congress.  It  may  be  overruled  at  any  time.  It 
gives  us  no  security.  But  the  constitution  is  a  statute.  It  is  a  rock  on 
which  we  can  stand,  and  on  which  we  can  meet  our  friends  from  the  non- 
slaveholding  states.  It  is  a  firm  and  stable  ground,  on  which  we  can  better 
stand  in  opposition  to  fanaticism  than  on  the  shifting  sands  of  compromise. 
Let  us  be  done  with  compromises.  Let  us  go  back  and  stand  upon  the 
constitution." 

I  stood  upon  this  ground  in  1850,  defending  freedom  upon  it 
as  Mr.  CALHOUN  did  in  defending  slavery.  I  was  overruled 
then,  and  I  have  waited  since  without  proposing  to  abrogate  any 
compromises. 


THE   MISSOURI   COMPROMISE.  4       899 

It  lias  been  no  proposition  of  mine  to  abrogate  them  now ;  but 
the  proposition  has  come  from  another  quarter — from  an  ad 
verse  one.  It  is  about  to  prevail.  The  shifting  sands  of  com 
promise  are  passing  from  under  my  feet,  and  they  are  now, 
without  agency  of -my  own,  taking  hold  again  on  the  rock  of 
the  constitution.  It  shall  be  no  fault  of  mine  if  they  do  not 
remain  firm.  This  seems  to  me  auspicious  of  better  days  and 
wiser  legislation.  Through  all  the  darkness  and  gloom  of  the 
present  hour,  bright  stars  arc  breaking,  that  inspire  me  with 
hope,  and  excite  me  to  perseverance.  They  show  that  the  day 
of  compromises  has  passed  for  ever,  and  that  henceforward  all 
great  questions  between  freedom  and  slavery  legitimately  coming 
here  —  and  none  other  can  come  —  shall  be  decided,  as  they 
ought  to  be,  upon  their  merits,  by  a  fair  exercise  of  legislative 
power,  and  not  by  bargains  of  equivocal  prudence,  if  not  of 
doubtful  morality. 

The  house  of  representatives  has,  and  it  always  will  have,  an 
increasing  majority  of  members  from  the  free  states.  On  this 
occasion,  that  house  has  not  been  altogether  faithless  to  the 
interests  of  the  free  states ;  for  although  it  has  taken  away  the 
charter  of  freedom  from  Kansas  and  Nebraska,  it  has  at  the 
same  time  told  this  proud  body,  in  language  which  compels 
acquiescence,  that  in  submitting  the  question  of  its  restoration, 
it  would  submit  it  not  merely  to  interested  citizens,  but  to  the 
alien  inhabitants  of  the  territories  also.  So  the  great  interests 
of  humanity  are,  after  all,  thanks  to  the  house  of  representa 
tives,  and  thanks  to  God,  submitted  to  the  voice  of  human 
nature. 

Sir,  I  see  one  more  sign  of  hope.  The  great  support  of 
slavery  in  the  South  has  been  its  alliance  with  the  democratic 
party  of  the  North.  By  means  of  that  alliance  it  obtained  para 
mount  influence  in  this  government  about  the  year  1800,  which, 
from  that  time  to  this,  with  but  few  and  slight  interruptions,  it 
has  maintained.  While  democracy  in  the  North  has  thus  been 
supporting  slavery  in  the  South,  the  people  of  the  North  have 
been  learning  more  profoundly  the  principles  of  republicanism 
and  of  free  government.  It  is  an  extraordinary  circumstance, 
which  you,  sir,  the  present  occupant  of  the  chair  [Mr.  STUART], 
I  am  sure,  will  not  gainsay,  that  at  this  moment,  when  there 


400  SPEECHES   IN   THE   UNITED   STATES  SENATE. 

seems  to  be  a  more  complete  divergence  of  the  federal  govern 
ment  in  favor  of  slavery  than  ever  before,  the  sentiment  of  uni 
versal  liberty  is  stronger  in  all  free  states  than  it  ever  was  before. 
With  that  principle  the  present  democratic  party  must  now 
come  into  a  closer  contest.  Their  prestige  of  democracy  is  fast 
waning,  by  reason  of  the  hard  service  which  their  alliance  with 
their  slaveholding  brethren  has  imposed  upon  them.  That  party 
perseveres,  as  indeed  it  must,  by  reason  of  its  very  constitution, 
in  that  service,  and  thus  comes  into  closer  conflict  with  elements 
of  true  democracy,  and  for  that  reason  is  destined  to  lose,  and 
is  fast  losing  the  power  which  it  has  held  so  firmly  and  so  long. 
That  power  will  not  be  restored  until  the  principle  established 
here  now  shall  be  reversed,  and  a  constitution  shall  be  given, 
not  only  to  Kansas  and  Nebraska,  but  also  to  every  other  na 
tional  territory,  which  will  be,  not  a  tabula  rasa,  but  a  constitu 
tion  securing  equal,  universal,  and  perpetual  freedom. 


T1JE    ADMISSION    OF   KANSAS.  401 


THE  ADMISSION  OF  KANSAS. 

IN  THE  SENATE  OF  THE  UNITED  STATES,  FEB.  29,  1860. 

MR.  PRESIDENT  :  The  admission  of  Kansas  into  the  Union, 
without  further  delay,  seems  to  me  equally  necessary,  just,  and 
wise.  In  recorded  debates  I  have  already  anticipated  the  argu 
ments  for  this  conclusion. 

In  coming  forward  among  the  political  astrologers,  it  shall  be 
an  error  of  judgment,  and  not  of  disposition,  if  my  interpretation 
of  the  feverish  dreams  which  are  disturbing  the  country  shall 
tend  to  foment,  rather  than  to  allay,  the  national  excitement.  I 
shall  say  nothing  unnecessarily  of  persons,  because,  in  our  system, 
the  public  welfare  and  happiness  depend  chiefly  on  institutions, 
and  very  little  on  men.  I  shall  allude  but  briefly  to  incidental 
topics,  because  they  are  ephemeral,  and  because,  even  in  the 
midst  of  appeals  to  passion  and  prejudice,  it  is  always  safe  to 
submit  solid  truth  to  the  deliberate  consideration  of  an  honest  and 
enlightened  people. 

It  will  be  an  overflowing  source  of  shame,  as  well  as  of  sorrow, 
if  we,  thirty  millions — Europeans  by  extraction,  Americans  by 
birth  or  discipline,  and  Christians  in  faith,  and  meaning  to  be  such 
in  practice — cannot  so  combine  prudence  with  humanity,  in  our 
conduct  concerning  the  one  disturbing  subject  of  slavery,  as  not 
only  to  preserve  our  unequalled  institutions  of  freedom,  but  also 
tp  enjoy  their  benefits  with  contentment  and  harmony. 

Wherever  a  guiltless  slave  exists,  be  he  Caucasian,  American, 
Malay,  or  African,  he  is  the  subject  of  two  distinct  and  opposite 
ideas — one  that  he  is  wrongly,  the  other  that  he  is  rightly  a  slave. 


402  SPEECHES    IN    THE    UNITED    8TATKS    SENATE. 

The  balance  of  numbers  on  either  side,  however  great,  never 
completely  extinguishes  this  difference  of  opinion  ;  for  there  are 
always  some  defenders  of  slavery  outside,  even  if  there  are  none 
inside  of  a  free  state,  while  also  there  are  always  outside,  if  there 
are  not  inside  of  every  slave  state,  many  who  assert  with  Milton, 
that  "no  man  who  knows  aught  can  be  so  stupid  as  to  deny  that 
all  men  naturally  were  born  free,  being  the  image  and  resem 
blance  of  God  himself,  and  were  by  privilege  above  all  the  crea 
tures,  born  to  command  and  not  to  obey."  It  often,  perhaps 
generally  happens,  however,  that  in  considering  the  subject  of 
slavery,  society  seems  to  overlook  the  natural  right,  or  personal 
interest  of  the  slave  himself,  and  to  act  exclusively  for  the  welfare 
of  the  citizen.  But  this  fact  does  not  materially  affect  ultimate 
results,  for  the  elementary  question  of  the  rightfulness  or  wrong- 
fulness  of  slavery  inheres  in  every  form  that  discussion  concerning 
it  assumes.  What  is  just  to  one  class  of  men  can  never  be  inju 
rious  to  any  other ;  and  what  is  unjust  to  any  condition  of  persons 
in  a  state,  is  necessarily  injurious  in  some  degree  to  the  whole 
community.  An  economical  question  early  arises  out  of  the  sub 
ject  of  slavery.  Labor,  either  of  freemen  or  of  slaves,  is  the  cardi 
nal  necessity  of  society.  JSome  states  choose  the  one  kind,  some 
the  other.  Hence  two  municipal  systems,  widely  different,  arise. 
The  slave  state  strikes  down  and  affects  to  extinguish  the  person 
ality  of  the  laborer,  not  only  as  a  member  of  the  political  body, 
but  also  as  a  parent,  husband,  child,  neighbor,  or  friend.  He  thus 
becomes,  in  a  political  view,  merely  property,  without  moral  ca 
pacity,  and  without  domestic,  moral,  and  social  relations,  duties, 
rights,  and  remedies — a  chattel,  an  object  of  bargain,  sale,  gift, 
inheritance,  or  theft.  His  earnings  are  compensated  and  his 
wrongs  atoned,  not  to  himself,  but  to  his  owner.  The  state  pro 
tects,  not  the  slave  as  a  man,  but  the  capital  of  another  man,  which 
he  represents.  On  the  other  hand,  the  state  which  rejects  slavery 
encourages  and  animates  and  invigorates  the  laborer  by  maintain 
ing  and  developing  his  natural  personality  in  all  the  rights  and 
faculties  of  manhood,  and  generally  with  the  privileges  of  citizen 
ship.  In  the  one  case,  capital  invested  in  slaves  becomes  a  great 
political  force,  while  in  the  other,  labor  thus  elevated  and  enfran- 


THE    ADMISSION    OF    KANSAS.  403 

cliised,  becomes  the  dominating  political  power.  It  thus  happens 
that  we  may,  for  convenience  sake,  and  not  inaccurately,  call  slave 
states  capital  states,  and  free  states  labor  states. 

So  soon  as  a  state  feels  the  impulse  of  commerce  or  enterprise 
or  ambition,  its  citizens  begin  to  study  the  effects  of  these  systems 
of  capital  and  labor,  respectively,  on  its  intelligence,  its  virtue,  its 
tranquillity,  its  integrity  or  unity,  its  defence,  its  prosperity,  its 
liberty,  its  happiness,  its  aggrandizement,  and  its  fame.  In  other 
words,  the  great  question  arises,  whether  slavery  is  a  moral,  social, 
and  political  good,  or  a  moral,  social,  and  political  evil.  This  is 
the  slavery  question  at  home.  But  there  is  a  mutual  bond  of 
amity  and  brotherhood  between  man  and  man  throughout  the 
world.  Nations  examine  freely  the  political  systems  of  each 
other,  and  of  all  preceding  times,  and  accordingly  as  they  approve 
or  disapprove  of  the  two  systems  of  capital  and  labor  respectively, 
they  sanction  and  prosecute,  or  condemn  and  prohibit  commerce 
in  men.  Thus,  in  one  way  or  in  another,  the  slavery  question, 
which  so  many  amon-gst  us,  who  are  more  willing  to  rule  than 
patient  in  "studying  the  conditions  of  society,  think  is  a  merely 
accidental  or  unnecessary  question,  that  might  and  ought  to  be 
settled  and  dismissed  at  once,  is,  on  the  contrary,  a  world-wide 
and  enduring  subject  of  political  consideration  and  civil  adminis 
tration.  Men,  states,  and  nations  entertain  it,  not  voluntarily,  but 
because  the  progress  of  society  continually  brings  it  into  their 
way.  They  divide  upon  it,  not  perversely,  but  because,  owing  to 
differences  of  constitution,  condition,  or  circumstances,  they  cannot 
agree. 

The  fathers  of  the  republic  encountered  it.  They  even  ad 
justed  it  so  that  it  might  have  given  us  much  less  than  our  present 
disquiet,  had  not  circumstances  afterwards  occurred  which  they, 
wise  as  they  were,  had  not  clearly  foreseen.  Although  they  had 
inherited,  yet  they  generally  condemned  the  practice  of  slavery 
and  hoped  for  its  discontinuance.  They  expressed  this  when  they 
asserted  in  the  Declaration  of  Independence,  as  a  fundamental 
principle  of  American  society,  that  all  men  are  created  equal,  and 
have  inalienable  rights  to  life,  liberty,  and  the  pursuit  of  happi 
ness.  Each  state,  however,  reserved  to  itself  exclusive  political 


40-1  SPEECHES    IN   THE   UNITED    STATES    SENATE. 

power  over  the  subject  of  slavery  within  its  own  borders.  Never 
theless,  it  unavoidably  presented  itself  in  their  consultations  on  a 
bond  of  federal  union.  The  new  government  was  to  be  a 
representative  one.  Slaves  were  capital  in  some  states,  in  others 
capital  had  no  investments  in  labor.  Should  those  slaves  be 
represented  as  capital  or  as  persons,  taxed  as  capital  or  as  persons, 
or  should  they  not  be  represented  or  taxed  at  all  ?  The  fathers 
disagreed,  debated  long,  and  compromised  at  last.  Each  state, 
they  determined,  shall  have  two  senators  in  Congress.  Three- 
fifths  of  the  slaves  shall  be  elsewhere  represented  and  be  taxed  as 
persons.  What  should  be  done  if  the  slave  should  escape  into  a 
labor  state  ?  Should  that  state  confess  him  to  be  a  chattel  and 
restore  him  as  such,  or  might  it  regard  him  as  a  person,  and  har 
bor  and  protect  him  as  a  man  ?  They  compromised  again,  and 
decided  that  no  person  held  to  labor  or  service  in  one  state  by 
the  laws  thereof,  escaping  into  another,  shall  by  any  law  or  regu 
lation  of  that  state,  be  discharged  from  such  labor  or  service, 
but  shall  be  delivered  up  on  claim  to  the  person  to  whom  such 
labor  or  service  shall  be  due. 

Free  laborers  would  immigrate,  and  slaves  might  be  imported 
into  the  states.  The  fathers  agreed  that  Congress  may  establish 
uniform  laws  of  naturalization,  and  it  might  prohibit  the  importa 
tion  of  persons  after  1808.  Communities  in  the  Southwest, 
detached  from  the  Southern  states,  were  growing  up  in  the  prac 
tice  of  slavery,  to  be  capital  states.  New  states  would  soon 
grow  up  in  the  Northwest,  while  as  yet  capital  stood  aloof,  and 
labor  had  not  lifted  the  axe  to  begin  there  its  endless  but  benefi 
cent  task.  The  fathers  authorized  Congress  to  make  all  needful 
rules  and  regulations  concerning  the  arrangements  and  disposition 
of  the  public  lands,  and  to  admit  new  states.  So  the  Constitu 
tion,  while  it  does  not  disturb  or  affect  the  system  of  capital  in 
slaves,  existing  in  any  state  under  its  own  laws,  does,  at  the  same 
time,  recognize  every  human  being,  when  within  any  exclusive 
sphere  of  federal  jurisdiction,  not  as  capital,  but  as  a  person. 

What  was  the  action  of  the  fathers  in  Congress  ?  They  admit 
ted  the  new  states  of  the  Southwest  as  capital  states,  because  it 
was  practically  impossible  to  do  otherwise,  and  by  the  ordinance 


THE    ADMISSION    OF   KANSAS.  405 

of  1787,  confirmed  in  1789,  they  provided  for  the  organization 
and  admission  of  only  labor  states  in  the  Northwest.  They  di 
rected  fugitives  from  service  to  be  restored,  not  as  chattels,  but  as 
persons.  They  awarded  naturalization  to  immigrant  free  laborers, 
and  they  prohibited  the  trade  in  African  labor.  This  disposition 
of  the  whole  subject  was  in  harmony  with  the  conditions  of  society, 
and,  in  the  main,  with  the  spirit  of  the  age.  The  seven  Northern 
states  contentedly  became  labor  states  by  their  own  acts.  The 
six  Southern  states,  with  equal  tranquillity  and  by  their  own  de 
termination,  remained  capital  states. 

The  circumstances  which  the  fathers  did  not  clearly  foresee 
were  two,  namely  :  the  reinvigoration  of  slavery,  consequent  on 
the  increased  consumption  of  cotton,  and  the  extension  of  the 
national  domain  across  the  Mississippi,  and  these  occurred  before 
1820.  The  State  of  Louisiana,  formed  on  a  slaveholding  French 
settlement,  within  the  newly-acquired  Louisianian  Territory,  had 
then  already  been  admitted  into  the  Union.  There  yet  remained, 
however,  a  vast  region,  which  included  Arkansas  and  Missouri, 
together  with  the  then  unoccupied,  and  even  unnamed,  Kansas 
and  Nebraska.  Arkansas,  a  slaveholding  community,  was  nearly 
ready  to  apply,  and  Missouri,  another  such  territory,  was  actually 
applying  for  admission  into  the  Federal  Union.  The  existing 
capital  states  seconded  these  applications,  and  claimed  that  the 
whole  Louisianian  Territory  was  rightfully  open  to  slavery,  and 
to  the  organization  of  future  slave  states.  The  labor  states 
maintained  that  Congress  had  supreme  legislative  power  within 
the  domain,  and  could  and  ought  to  exclude  slavery  there.  The 
question  thus  opened  was  one  which  related  not  at  all  to  slavery 
in  the  existing  capital  states.  It  was  purely  and  simply  a  na 
tional  question  whether  the  common  interest  of  the  whole  repub 
lic  required  that  Arkansas,  Missouri,  Kansas,  and  Nebraska, 
should  become  capital  states,  with  all  the  evils  and  dangers  of 
slavery,  or  be  labor  states,  with  all  the  securities,  benefits,  and 
blessings  of  freedom.  On  the  decision  was  suspended  the  ques 
tion,  as  was  thought,  whether  ultimately  the  interior  of  this  new 
continent  should  be  an  asylum  for  the  oppressed  and  the  exile, 
coming  year  after  year,  and  age  after  age,  voluntarily  from  every 


406  SPEECHES   IN   THE   UNITED   STATES    SENATE. 

other  civilized  land,  as  well  as  for  the  children  of  misfortune  in  our 
own,  or  whether,  through  the  renewal  of  the  African  slave  trade, 
those  magnificent  and  luxuriant  regions  should  be  surrendered  to  the 
control  of  capital,  wringing  out  the  fruits  of  the  earth  through  the 
impoverishing  toil  of  negro  slaves.  That  question  of  1820  was 
identically  the  question  of  18GO,  so  far  as  principle,  and  even  the 
field  of  its  application  was  concerned.  Every  element  of  the  con 
troversy  now  present  entered  it  then :  the  rightfulness  or  the 
wrongfulness  of  slavery  ;  its  effects,  present  and  future  ;  the  con 
stitutional  authority  of  Congress  ;  the  claims  of  the  states  and  of 
their  citizens  ;  the  nature  of  the  Federal  Union,  whether  it  is  a 
compact  between  the  states,  or  an  independent  government ;  the 
springs  of  its  powers,  and  the  ligatures  upon  their  exercise.  All 
these  were  discussed  with  zeal  and  ability  which  have  never  been 
surpassed.  History  tells  us,  I  know  not  how  truly,  that  the  Union 
reeled  under  the  vehemence  of  that  great  debate.  Patriotism 
took  counsel  from  prudence,  and  enforced  a  settlement  which  has 
proved  to  be  not  a  final  one  ;  and  which,  as  is  now  seen,  practically 
left  open  all  the  great  political  issues  which  were  involved.  Mis 
souri  and  Arkansas  were  admitted  as  capital  states,  while  labor 
obtained,  as  a  reservation,  the  abridged  but  yet  comprehensive 
field  of  Kansas  and  Nebraska. 

Now,  when  the  present  conditions  of  the  various  parts  of  the 
Louisianian  Territory  are  observed,  and  we  see  that  capital  retains 
undisputed  possession  of  what  it  then  obtained,  while  labor  is  con 
vulsing  the  country  with  so  hard  and  so  prolonged  a  struggle  to 
regain  the  lost  equivalent  which  was  then  guaranteed  to  it  under 
circumstances  of  so  great  solemnity,  we  may  well  desire  not  to  be 
undeceived  if  the  Missouri  Compromise  was  indeed  unnecessarily 
accepted  by  the  free  states,  influenced  by  the  exaggerations  of 
the  dangers  of  disunion.  The  Missouri  debate  disclosed  truths  of 
great  moment  for  ulterior  use  : 

1st.  That  it  is  easy  to  combine  the  capital  states  in  defence  of 
even  external  interests,  while  it  is  hard  to  unite  the  labor  states 
in  common  policy. 

2d.  That  the  labor  states  have  a  natural  loyalty  to  the  Union, 
while  the  capital  states  have  a  natural  facility  for  alarming  that 
loyalty  by  threatening  disunion. 


THE    ADMISSION    OF   KANSAS.  407 

3d.  That  the  capital  states  do  not  practically  distinguish  be 
tween  legitimate  and  constitutional  resistance  to  the  extension  of 
slavery  in  the  common  territories  of  the  Union,  and  unconstitu 
tional  aggressions  against  slavery  established  by  local  laws  in  the 
capital  states. 

The  early  political  parties  were  organized  without  reference  to 
slavery.  But  since  1820,  European  questions  have  left  us  practi 
cally  unconcerned.  There  has  been  a  great  increase  of  invention, 
mining,  manufacture,  and  cultivation.  Steam  on  land  and  on 
water  has  quickened  commerce.  The  press  and  the  telegraph 
have  obtained  prodigious  activity,  and  the  social  intercourse  be 
tween  the  states  and  their  citizens  has  been  immeasurably  aug 
mented  ;  and  consequently,  their  mutual  relations  affecting  slavery 
have  been,  for  many  years,  subjects  of  earnest  and  often  excited 
discussion.  It  is  in  my  way  only  to  show  how  such  disputes  have 
operated  on  the  course  of  political  events,  not  to  re-open  them 
for  argument  here.  There  was  a  slave  insurrection  in  Virginia. 
Virginia  and  Kentucky  debated,  and,  to  the  great  sorrow  of  the 
free  states,  rejected  the  system  of  voluntary  labor.  The  Coloni 
zation  Society  was  established,  with  much  favor,  in  the  capital 
states.  Emancipation  societies  arose  in  the  free  States.  South 
Carolina  instituted  proceedings  to  nullify  obnoxious  federal  rev 
enue  laws.  The  capital  states  complained  of  courts  and  legisla 
tures  in  the  labor  states,  for  interpret  ing  the  constitutional  provision 
for  the  surrender  of  fugitives  from  service,  so  as  to  treat  them  as 
persons  and  not  property,  and  they  discriminated  against  colored 
persons  of  the  labor  states,  when  they  came  to  the  capital  states. 
They  denied,  in  Congress,  the  right  of  petition,  and  embarrassed 
or  denied  freedom  of  debate  on  the  subject  of  slavery.  Presses, 
which  undertook  the  defence  of  the  labor  system  in  the  capital 
states,  were  suppressed  by  violence,  and  even  in  the  labor  states, 
public  assemblies,  convened  to  consider  slavery  questions,  were 
dispersed  by  mobs  sympathizing  with  the  capital  states. 

The  whig  party,  being  generally  an  opposition  party,  practiced 
Borne  forbearance  toward  the  interest  of  labor.  The  democratic 
party,  not  without  demonstrations  of  dissent,  was  generally  found 
sustaining  the  policy  of  capital.  A  disposition  towards  the  re- 


408  SPEECHES    IN   THE    UNITED    STATES   SENATE. 

moval  of  slavery  from  the  presence  of  the  national  capital  appeared 
in  the  District  of  Columbia.  Mr.  Van  Buren,  a  democratic  presi 
dent,  launched  a  prospective  veto  against  the  anticipated  measure. 
A  democratic  Congress  brought  Texas  into  the  Union,  stipulating 
practically  for  its  future  re-organization  in  four  slave  states.  Mex 
ico  was  incensed.  War  ensued.  The  labor  states  asked  that  the 
Mexican  law  of  liberty,  which  covered  the  territories  brought  in  by 
the  treaty  of  peace,  might  remain  and  be  confirmed.  The  demo 
cratic  party  refused.  The  Missouri  debate  of  1820  recurred  now, 
under  circumstances  of  heat  and  excitement,  in  relation  to  these 
conquests.  The  defenders  of  labor  took  alarm  lest  the  number  of 
new  capital  states  might  become  so  great  as  to  enable  that  class  of 
states  to  dictate  the  whole  policy  of  the  government ;  and,  in  case 
of  constitutional  resistance,  then  to  form  a  new  slaveholding  confed 
eracy  around  the  Gulf  of  Mexico.  By  this  time,  the  capital  states 
seemed  to  have  become  fixed  in  a  determination  that  the  federal 
government,  and  even  the  labor  states,  should  recognize  their 
slaves,  though  outside  of  the  slave  states,  and  within  the  terri 
tories  of  the  United  State?,  as  property,  of  which  -the  master 
could  not  be  in  any  way,  or  by' any  authority,  divested;  and  the 
labor  states,  having  become  now  more  essentially  democratic  than 
ever  before,  by  reason  of  the  great  development  of  free  labor,  more 
firmly  than  ever  insisted  on  the  constitutional  doctrine  that  slaves 
voluntarily  carried  by  their  masters  into  the  common  territories, 
or  into  labor  states,  are  persons — men. 

Under  the  auspicious  influence  of  a  whig  success,  California 
and  New  Mexico  appeared  before  Congress  as  labor  states.  The 
capital  states  refused  to  consent  to  their  admission  into  the  Union, 
and  again  threats  of  disunion  carried  terror  and  consternation 
throughout  the  land.  Another  compromise  was  made.  Specific 
enactments  admitted  California  as  a  labor  state,  and  remanded 
New  Mexico  and  Utah  to  remain  territories,  with  the  right 
to  choose  freedom  or  slavery  when  ripened  into  states,  while  they 
gave  new  remedies  for  the  recaption  of  fugitives  from  service,  and 
abolished  the  open  slave  market  in  the  District  of  Columbia. 
These  new  enactments,  collated  with  the  existing  statutes,  namely, 
the  ordinances  of  1787,  the  Missouri  prohibitory  law  of  1820,  and 


THE    ADMISSION    OF   KANSAS.  409 

the  articles  of  Texas  annexation,  disposed  by  law  of  the  subject 
of  slavery  in  all  the  territories  of  the  United  States.  And  so  the 
compromise  of  1850  was  pronounced  a  full,  final,  absolute,  and 
comprehensive  settlement  of  all  existing  and  all  possible  disputes 
concerning  slavery  under  the  federal  authority.  The  two  great 
parties,  fearful  for  the  Union,  struck  hands  in  making  and  present 
ing  this  as  an  adjustment,  never  afterwards  to  be  opened,  disturbed, 
or  even  questioned,  and  the  people  accepted  it  by  majorities  un 
known  before.  The  new  president,  chosen  over  an  illustrious 
rival,  unequivocally  on  the  ground  of  greater  ability,  even  if  not 
more  reliable  purpose,  to  maintain  the  new  treaty  inviolate,  made 
haste  to  justify  this  expectation  when  Congress  assembled.  He 
said  : 

"  When  the  grave  shall  have  closed  over  all  who  are  now  endeavoring  to 
Meet  the  obligations  of  duty,  the  year  1850  will  be  recurred  to  as  a  period 
filled  with  anxiety  and  apprehension.  A  successful  war  has  just  terminated  ; 
peace  brought  with  it  a  great  augmentation  of  territory.  Disturbing  ques 
tions  arose,  bearing  upon  the  domestic  institutions  of  a  portion  of  the  Con 
federacy,  and  involving  the  constitutional  rights  of  the  states.  But,  not 
withstanding  differences  of  opinion  and  sentiment  in  relation  to  details  and 
specific  provisions,  the  acquiescence  of  distinguished  citizens,  whose  devotion 
to  the  Union  can  never  be  doubted,  has  given  renewed  vigor  to  our  institu 
tions,  and  restored  a  sense  of  security  and  repose  to  the  public  mind  through 
out  the  Confederacy.  That  this  repose  is  to  suffer  no  shock  during  my  offi 
cial  term,  if  I  have  the  power  to  avert  it,  those  who  placed  me  here  may  be 
assured." 

Hardly,  however,  had  these  inspiring  sounds  died  away, 
throughout  a  reassured  and  delighted  land,  before  the  national 
repose  was  shocked  again  ;  shocked,  indeed,  as  it  had  never  before 
been,  and  smitten  this  time  by  a  blow  from  the  very  hand  that  had 
just  released  the  chords  of  the  national  harp  from  their  utterance 
of  that  exhalted  symphony  of  peace. 

Kansas  and  Nebraska,  the  long-devoted  reservation  of  labor 
and  freedom,  saved  in  the  agony  of  national  fear  in  1820,  and 
saved  again  in  the  panic  of  1850,  were  now  to  be  opened  by 
Congress,  that  the  never-ending  course  of  seed-time  and  harvest 
might  begin.  The  slave-capitalists  of  Missouri,  from  their  own 
well-assured  homes  on  the  eastern  banks  of  their  noble  river, 

18 


410  SPEECHES   IN   TIIK   UNITED    STATES    SENATE. 

looked  down  upon  and  coveted  the  fertile  prairies  of  Kansas  ; 
while  a  sudden  terror  ran  through  all  the  capital  states,  when 
they  saw  a  seeming  certainty  that  at  last  a  new  labor  state  would 
be  built  on  their  western  border,  inevitably  fraught,  as  they 
said,  with  a  near  or  remote  abolition  of  slavery.  What  could  be 
done  ?  Congress  could  hardly  be  expected  to  intervene  directly 
for  their  safety  so  soon  after  the  compromise  of  1850.  The  labor 
hive  of  the  free  states  was  distant,  the  way  new,  unknown,  and 
not  without  perils.  Missouri  was  near  and  watchful,  and  held  the 
keys  of  the  gates  of  Kansas.  She  might  seize  the  new  and 
smiling  territory  by  surprise,  if  only  Congress  would  remove  the 
barrier  established  in  1820.  The  conjuncture  was  favorable. 
Clay  and  Webster,  the  distinguished  citizens  whose  unquestion 
able  devotion  to  the  Union  was  manifested  by  their  acquiescence 
in  the  compromise  of  1850,  had  gone  down  already  into  their  hon 
ored  graves.  The  labor  states  had  dismissed  many  of  their  re 
presentatives  here  for  too  great  fidelity  to  freedom,  and  too  great 
distrust  of  the  efficacy  of  that  new  bond  of  peace,  and  had  re 
placed  them  with  partisans  who  were  only  timid,  but  not  unwilling. 
The  democratic  president  and  Congress  hesitated,  but  not  long. 
They  revised  the  last  great  compromise,  and  found,  with  delighted 
surprise,  that  it  was  so  far  from  confirming  the  law  of  freedom 
of  1820,  that,  on  the  other  hand,  it  exactly  provided  for  the 
abrogation  of  that  venerated  statute ;  nay,  that  the  compromise 
itself  actually  killed  the  spirit  of  the  Missouri  law,  and  devolved 
on  Congress  the  duty  of  removing  the  lifeless  letter  from  >the 
national  code.  The  deed  was  done.  The  new  enactment  not 
only  repealed  the  Missouri  prohibition  of  slavery,  but  it  pro 
nounced  the  people  of  Kansas  and  Nebraska  perfectly  free  to 
establish  freedom  or  slavery ;  and  pledged  Congress  to  admit 
them  in  due  time  as  states,  either  of  capital  or  of  labor,  into 
the  Union.  The  whig  representatives  of  the  capital  states,  in  an 
hour  of  strange  bewilderment,  concurred  ;  and  the  whig  party 
instantly  went  down,  never  to  rise  again.  Democrats  seceded, 
and  stood  aloof;  the  country  was  confounded;  and,  amid  the 
perplexities  of  the  hour,  a  republican  party  was  seen  gathering 
itself  together  with  much  earnestness,  but  with  little  show  of 


THE    ADMISSION    OF   KANSAS.  411 

organization,  to  rescue,  if  it  were  not  now  too  late,  the  cause  of 
freedom  and  labor,  so  unexpectedly  and  grievously  imperilled  in 
the  territories  of  the  United  States. 

I  will  not  linger  over  the  sequel.  The  popular  sovereignty  of 
Kansas  proved  to  be  the  state  sovereignty  of  Missouri,  not  only 
in  the  persons  of  the  rulers,  but  even  in  the  letter  of  an  arbitrary 
and  cruel  code.  The  perfect  freedom  proved  to  be  a  hateful  and 
intolerable  bondage.  From  1855  to  18 GO,  Kansas,  sustained  and 
encouraged  only  by  the  republican  party,  has  been  engaged  in  suc 
cessive  and  ever-varying  struggles,  which  have  taxed  all  her  virtue, 
wisdom,  moderation,  energies,  and  resources,  and  often  even  her 
physical  strength  and  martial  courage,  to  save  herself  from  being 
betrayed  into  the  Union  as  a  slave  state.  Nebraska,  though 
choosing  freedom,  is,  through  the  direct  exercise  of  the  executive 
power,  over-riding  her  own  will,  held  as  a  slave  territory ;  and 
New  Mexico  has  relapsed  voluntarily  into  the  practice  of  slavery, 
from  which  she  had  redeemed  herself  while  she  yet  remained  a 
part  of  the  Mexican  republic.  Meantime,  the  democratic  party, 
advancing  from  the  ground  of  popular  sovereignty,  as  far  as  that 
ground  is  in  the  ordinance  of  1787,  now  stands  on  the  position 
that  both  territorial  governments  and  Congress  are  incompetent  to 
legislate  against  slavery  in  the  territories,  while  they  are  not  only 
competent,  but  are  obliged,  when  it  is  necessary,  to  legislate  for 
its  protection  there. 

In  this  new  and  extreme  position,  the  democratic  party  now 
masks  itself,  behind  the  battery  of  the  supreme  court,  as  if  it 
were,  possibly,  a  true  construction  of  the  Constitution,  that  the 
power  of  deciding,  practically  forever,  between  freedom  and 
slavery  in  a  portion  of  the  continent  far  exceeding  all  that  is  yet 
organized,  should  be  renounced  by  Congress,  which  alone  possesses 
any  legislative  authority,  and  should  be  assumed  and  exercised  by 
a  court  which  can  only  take  cognizance  of  the  great  question  col 
laterally,  in  a  private  action  between  individuals,  and  which  action 
the  Constitution  will  not  suffer  the  court  to  entertain,  if  it  involves 
twenty  dollars  of  money,  without  the  overruling  intervention  of  a 
jury  of  twelve  good  and  lawful  men  of  the  neighborhood  where 
the  litigation  arises,  The  independent,  ever-renewed,  and  ever- 


412  SPEECHES    IN    THE    UNITED    STATICS    SENATE. 

recurring  representative  parliament,  diet,  congress,  or  legis 
lature,  is  the  one  chief,  paramount,  essential,  indispensable  insti 
tution  in  a  republic.  Even  liberty,  guaranteed  by  organic  law, 
yet  if  it  be  held  by  other  tenure  than  the  guardian  care  of  such  a 
representative  popular  assembly,  is  but  precariously  maintained, 
while  slavery,  enforced  by  an  irresponsible  judicial  tribunal,  is  the 
completes!  possible  development  of  despotism. 

Mr.  President,  did  ever  the  annals  of  any  government  show  a 
more  rapid  or  more  complete  departure  from  the  wisdom  and 
virtues  of  its  founders  ?  Did  ever  the  government  of  a  great 
empire,  founded  on  the  rights  of  human  labor,  slide  away  so  fast 
and  so  far,  and  moor  itself  so  tenaciously  on  the  basis  of  capital, 
and  that  capital  invested  in  laboring  men  ?  Did  ever  a  free  repre 
sentative  legislature,  invested  with  powers  so  great,  and  with  the 
guardianship  of  rights  so  important,  of  trusts  so  sacred,  of  interests 
so  precious,  and  of  hopes  at  once  so  noble  and  so  comprehensive, 
surrender  and  renounce  them  all  so  unnecessarily,  so  unwisely,  so 
fatally,  and  so  ingloriously  ?  If  it  be  true,  as  every  instinct  of 
our  nature,  and  every  precept  of  political  experience  teaches  us, 
that 

"  111  fares  the  land,  to  hastening  ills  a  prey, 
"Where  wealth  accumulates,  and  men  decay," 

then  where  in  Ireland,  in  Italy,  in  Poland,  or  in  Hungary,  has  any 
ruler  prepared  for  a  generous  and  confiding  people  disappoint 
ments,  disasters,  and  calamities  equal  to  those  which  the  Govern 
ment  of  the  United  States  holds  now  suspended  over  so  large  a 
portion  of  the  continent  of  North  America  ? 

Citizens  of  the  United  States,  in  the  spirit  of  this  policy,  sub 
verted  the  free  Republic  of  Nicaragua,  and  opened  it  to  slavery 
and  the  African  slave  trade,  and  held  it  in  that  condition,  waiting 
annexation  to  the  United  States,  until  its  sovereignty  was  restored 
by  a  combination  of  sister  republics  exposed  to  the  same  danger, 
and  apprehensive  of  similar  subversion.  Other  citizens  re-opened 
the  foreign  slave  trade,  in  violation  of  our  laws  and  treaties  ;  and, 
after  a  suspension  of  that  shameful  traffic  for  fifty  years,  savage 
Africans  have  been  once  more  landed  on  our  shores,  and  dis 
tributed,  unreclaimed  and  with  impunity,  among  our  plantations. 


THE    ADMISSION    OF    KANSAS.  413 

For  this  policy,  so  far  as  the  government  has  sanctioned  it,  the 
democratic  party  avows  itself  responsible.  Everywhere,  com 
plaint  against  it  is  denounced,  and  its  opponents  proscribed.  When 
Kansas  was  writhing  under  the  wounds  of  incipient  servile  war, 
because  of  her  resistance,  the  democratic  press  deridingly  said, 
'Met  her  bleed."  Official  integrity  has  been  cause  for  rebuke  and 
punishment,  when  it  resisted  frauds  designed  to  promote  the  ex 
tension  of  slavery.  Throughout  the  whole  republic,  there  is  not 
one  known  dissenter  from  that  policy  remaining  in  place,  if  within 
reach  of  the  executive  arm.  Nor  over  the  face  of  the  whole 
world  is  there  to  be  found  one  representative  of  our  country  who 
is  not  an  apologist  of  the  extension  of  slavery. 

It  is  in  America  that  these  things  have  happened.  In  the 
nineteenth  century,  the  era  of  the  world's  greatest  progress,  and 
while  all  nations  but  ourselves  have  been  either  abridging,  or 
altogether  suppressing  commerce  in  men  ;  at  the  very  moment 
when  the  Russian  serf  is  emancipated,  and  the  Georgian  captive, 
the  Nubian  prisoner,  and  the  Abyssinian  savage  are  lifted  up  to 
freedom  by  the  successor  of  Mohammed.  The  world,  prepos 
sessed  in  our  behalf  by  our  early  devotion  to  the  rights  of  human 
nature,  as  no  nation  ever  before  engaged  its  respect  and  sympa 
thies,  asks,  in  wonder  and  amazement,  what  all  this  demoralization 
means  1  It  has  an  excuse  better  than  the  world  can  imagine,  better 
than  we  are  generally  conscious  of  ourselves,  a  virtuous  excuse. 
We  have  loved  not  freedom  so  much  less,  but  the  union  of  our 
country  so  much  more.  We  have  been  made  to  believe,  from 
time  to  time,  that,  in  a  crisis,  both  of  these  precious  institutions 
could  not  be  saved  together,  and  therefore  we  have,  from  time  to 
time,  surrendered  safeguards  of  freedom,  to  propitiate  the  loyalty 
of  capital,  and  stay  its  hands  from  doing  violence  to  the  Union. 
The  true  state  of  the  case,  however,  ought  not  to  be  a  mystery  to 
ourselves.  Prescience,  indeed,  is  not  given  to  statesmen;  but  we 
are  without  excuse  when  we  fail  to  apprehend  the  logic  of  current 
events.  Let  parties,  or  the  government,  choose  or  do  what  they 
may,  the  people  of  the  United  States  do  not  prefer  the  wealth  of 
the  few  to  the  liberty  of  the  many,  capital  to  labor,  African  slaves 
to  white  freemen,  in  the  national  territories,  and  in  future  states. 


4:14  SPEECHES    IN   THE   UNITED    STATES    SENATE. 

That  question  has  never  been  distinctly  recognized  or  acted  on  by 
them.  The  republican  party  embodies  the  popular  protest  and  re 
action  against  a  policy  which  has  been  fastened  upon  the  nation 
by  surprise,  and  which  its  reason  and  conscience,  concurring  with 
the  reason  and  conscience  of  mankind,  condemn. 

The  choice  of  the  nation  is  now  between  the  democratic  party 
and  the  republican  party.  Its  principles  and  policy  are,  there 
fore,  justly  and  even  necessarily  examined.  I  know  of  only  one 
policy  which  it  has  adopted  or  avowed,  namely,  the  saving  of  the 
territories  of  the  United  States,  if  possible,  by  constitutional  and 
lawful  means,  from  being  homes  for  slavery  and  polygamy.  Who, 
that  considers  where  this  nation  exists,  of  what  races  it  is  com 
posed,  in  what  age  of  the  world  it  acts  its  part  on  the  public 
stage,  and  what  are  its  predominant  institutions,  customs,  habits, 
and  sentiments,  doubts  that  the  republican  party  can  and  will,  if 
unwaveringly  faithful  to  that  policy,  and  just  and  loyal  in  all 
beside,  carry  it  into  triumphal  success  ?  To  doubt  is  to  be  un 
certain  whether  civilization  can  improve,  or  Christianity  save 
mankind. 

I  may,  perhaps,  infer  from  the  necessity  of  the  case,  that  it  will, 
in  all  courts  and  places,  stand  by  the  freedom  of  speech  and  of  the 
press,  and  will  maintain  the  constitutional  rights  of  freemen  every 
where  ;  that  it  will  favor  the  speedy  improvement  of  the  public 
domain  by  homestead  laws,  and  will  encourage  mining,  manufac 
ture,  and  internal  commerce,  with  needful  connections  between  the 
Atlantic  and  Pacific  States— for  all  these  are  important  interests  of 
freedom.  For  all  the  rest,  the  national  emergencies,  not  individual 
influences,  must  determine,  as  society  goes  on,  the  policy  and  char 
acter  of  the  republican  party.  Already  bearing  its  part  in  legisla 
tion  and  in  treaties,  it  feels  the  necessity  of  being  practical  in  its 
care  of  the  national  health  and  life,  while  it  leaves  metaphysical 
speculation  to  those  whose  duty  it  is  to  cultivate  the  ennobling 
science  of  political  philosophy. 

But,  in  the  midst  of  these  subjects,  or  rather  before  fully  reach 
ing  them,  the  republican  party  encounters,  unexpectedly,  a  new 
and  potential  issue — one  prior,  and  therefore  paramount  to  all 
others,  one  of  national  life  and  death.  Just  as  if  so  much  had 


THK    ADMISSION    OF    KANSAS.  415 

not  been  already  conceded ;  nay,  just  as  if  nothing  at  all  had 
ever  been  conceded  to  the  interest  of  capital  invested  in  men, 
we  hear  menaces  of  disunion,  louder,  more  distinct,  more  emphatic, 
than  ever,  with  the  condition  annexed,  that  they  shall  be  executed 
the  moment  that  a  republican  administration,  though  constitu 
tionally  elected,  shall  assume  the  government. 

I  do  not,  certainly,  know  that  the  people  are  prepared  to  call 
such  an  administration  to  power.  I  know  only,  that  through  a 
succession  of  floods  which  never  greatly  excite,  and  ebbs  which 
never  entirely  discourage  me,  the  volume  of  republicanism  rises 
continually  higher  and  higher.  They  are  probably  wise,  whose 
apprehensions  admonish  them  that  it  is  already  strong  enough 
for  effect. 

Hitherto  the  republican  party  has  been  content  with  one  self- 
interrogatory — how  many  votes  can  it  cast  ?  These  threats  en 
force  another — has  it  determination  enough  to  cast  them  ?  This 
latter  question  touches  its  spirit  and  pride.  I  am  quite  sure, 
however,  that  as  it  has  hitherto  practiced  self-denial  in  so  many 
other  forms,  it  will,  in  this  emergency,  lay  aside  all  impatience 
of  temper,  together  with  all  ambition,  and  will  consider  these  ex 
traordinary  declamations  seriously,  and  with  a  just  moderation. 
It  would  be  a  waste  of  words  to  demonstrate  that  they  are  uncon 
stitutional,  and  equally  idle  to  show  that  the  responsibility  for 
disunion  attempted  or  affected,  must  rest,  not  with  those  who,  in 
the  exercise  of  constitutional  authority,  maintain  the  government, 
but  with  those  who  unconstitutionally  engage  in  the  mad  work  of 
subverting  it. 

What  are  the  excuses  for  these  menaces  ?  They  resolve  them 
selves  into  this,  that  the  republican  party  in  the  North  is  hostile 
to  the  South.  But  it  already  is  proved  to  be  a  majority  in  the 
North  ;  it  is,  therefore,  practically  the  people  of  the  North.  Will 
it  not  still  be  the  same  North  that  has  forborne  with  you  so  long, 
and  conceded  to  you  so  much?  Can  you  justly  assume  that 
aifection  which  has  been  so  complying,  can  all  at  once  change  to 
hatied,  intense  and  inexorable  ? 

You  say  that  the  republican  party  is  a  sectional  one.  Is  the 
democratic  party  less  sectional  ?  Is  it  easier  for  us  to  bear  your 


416  SPEECHES    IN   THE    UNITED    STATES    SENATE. 

sectional  sway  than  for  you  to  bear  ours  ?  Is  it  unreasonable  that 
for  once  we  should  alternate  ?  But  is  the  republican  party  sec 
tional  ?  Not  unless  the  democratic  party  is.  The  republican 
party  prevails  in  the  House  of  Representatives  sometimes  ;  the 
democratic  party  in  the  Senate  always.  Which  of  the  two  is  the 
most  prescriptive  ?  Come,  come,  come,  if  you  will,  into  the  free 
states,  into  the  State  of  New  York,  anywhere  from  Lake  Erie  to 
Sag  Harbor,  among  my  neighbors  in  the  Owasco  Valley,  hold  your 
conventions,  nominate  your  candidates,  address  the  people,  submit 
to  them,  fully,  earnestly,  eloquently,  all  your  complaints  and  griev 
ances  of  northern  disloyalty,  oppression,  perfidy ;  keep  nothing 
back,  speak  just  as  freely  and  as  loudly  there  as  you  do  here ; 
you  will  have  hospitable  welcomes,  and  appreciating  audiences, 
with  ballot-boxes  open  for  all  the  votes  you  can  win.  Are  you  less 
sectional  than  this  ?  Extend  to  us  the  same  privileges,  and  I  will 
engage  that  you  will  very  soon  have  in  the  South  as  many  Repub 
licans  as  we  have  democrats  in  the  North.  There  is,  however,  a 
better  test  of  nationality  than  the  accidental  location  of  parties. 
Our  policy  of  labor  in  the  territories  was  not  sectional  in  the  first 
forty  years  of  the  republic.  Its  nature  inheres.  It  will  be  national 
again,  during  the  third  forty  years,  and  forever  afterwards.  It  is 
not  wise  and  beneficent  for  us  alone,  or  injurious  to  you  alone. 
Its  effects  are  equal,  and  the  same  for  us  all. 

You  accuse  the  republican  party  of  ulterior  and  secret  designs. 
How  can  a  party  that  counts  its  votes  in  this  land  of  free  speech 
and  free  press  by  the  hundreds  of  thousands,  have  any  secret  de 
signs  ?  Who  is  the  conjuror,  and  where  are  the  hidden  springs 
by  which  he  can  control  its  uncongivgated  and  widely-dispersed 
masses,  and  direct  them  to  objects  unseen,  and  purposes  unavowed? 
But  what  are  these  hidden  purposes  ?  You  name  only  one. 
That  one  is  to  introduce  negro  equality  among  you.  Suppose  we 
had  the  power  to  change  your  social  system :  what  warrant  have 
you  for  supposing  that  we  should  carry  negro  equality  there  ? 
We  know,  and  we  will  show  you,  if  you  will  only  give  heed, 
that  what  our  system  of  labor  works  out,  wherever  it  works  out 
anything,  is  the  equality  of  white  men.  The  laborer  in  the  free 
states,  no  matter  how  humble  his  occupation,  is  a  white  man,  and 


THE    ADMISSION   OF   KANSAS.  417 

lie  is,  politically,  the  equal  of  his  employer.  Eighteen  of  our 
thirty-three  states  are  free-labor  states.  They  are  :  Maine, 
New  Hampshire,  Massachusetts,  Vermont,  Rhode  Island,  Con 
necticut,  New  York,  New  Jersey,  Pennsylvania,  Ohio,  Michigan, 
Illinois,  Indiana,  Wisconsin,  Minnesota,  Iowa,  California,  and 
Oregon.  I  do  not  array  them  in  contrast  with  the  capital  states. 
I  am  no  assailant  of  states.  All  of  the  states  are  parcels  of  my 
own  country — the  best  of  them  not  so  wise  and  great  as  I  am  sure 
it  will  hereafter  be  ;  the  state  least  developed  and  perfected 
among  them  all  is  wiser  and  better  than  any  foreign  state  I  know. 
Is  it  then  in  any,  and  in  which,  of  the  states  I  have  named,  that 
negro  equality  offends  the  white  man's  pride  ?  Throughout  the 
wide  world,  where  is  the  state  where  class  and  caste  are  so 
utterly  extinguished  as  they  are  in  each  and  every  one  of  them  ? 
Let  the  European  immigrant,  who  avoids  the  African  as  if  his 
skin  exhaled  contagion,  answer.  You  find  him  always  in  the 
state  where  labor  is  ever  free.  Did  Washington,  Jefferson,  and 
Henry,  when  they  implored  you  to  relinquish  your  system,  and 
accept  the  one  we  have  adopted,  propose  to  sink  you  down  to  the 
level  of  the  African,  or  was  it  their  desire  to  exalt  all  white  men 
to  a  common  political  elevation  ? 

But  we  do  not  seek  to  force,  or  even  to  intrude  our  system  on 
you.  We  are  excluded,  justly,  wisely,  and  contentedly,  from  all 
political  power  and  responsibility  in  your  capital  states.  You  are 
sovereign  on  the  subject  of  slavery  within  your  own  borders,  as 
we  are  on  the  same  subject  within  our  borders.  It  is  well  and 
wisely  so  arranged.  Use  your  authority  to  maintain  what  system 
you  please.  We  are  not  distrustful  of  the  result.  We  have 
wisely,  as  we  think,  exercised  ours  to  protect  and  perfect  the 
manhood  of  the  members  of  the  state.  The  whole  sovereignty 
upon  domestic  concerns  within  the  Union  is  divided  between  us 
by  unmistakable  boundaries.  You  have  your  fifteen  distinct 
parts,  we  eighteen  parts,  equally  distinct.  Each  must  be  main 
tained,  in  order  that  the  whole  may  be  preserved.  If  ours  shall 
be  assailed,  within  or  without,  by  any  enemy,  or  for  any  cause, 
and  we  shall  have  need,  we  shall  expect  you  to  defend  it.  If 
yours  shall  be  so  assailed,  in  the  emergency,  no  matter  what  the 

18* 


418  SPEECHES   IN   THE    UNITED   STATES    SENATE. 

cause  or  the  pretext,  or  who  the  foe,  we  shall  defend  your  sover 
eignty  as  the  equivalent  of  our  own.  We  cannot,  indeed,  accept 
your  system  of  capital  or  its  ethics.  That  would  be  to  surrender 
and  subvert  our  own,  which  we  esteem  to  be  better.  Besides,  if 
we  could,  what  need  for  any  division  into  states  at  all?  You  are 
equally  at  liberty  to  reject  our  system  and  its  ethics,  and  to  main 
tain  the  superiority  of  your  own  by  all  the  forces  of  persuasion 
and  argument.  We  must,  indeed,  mutually  discuss  both  systems. 
All  the  world  discusses  all  systems.  Especially  must  we  discuss 
them  since  we  have  to  decide,  as  a  nation,  which  of  the  two  we 
ought  to  ingraft  on  the  new  and  future  states  growing  up  in  the 
great  public  domain.  Discussion,  then,  being  unavoidable,  what 
could  be  more  wise  than  to  conduct  it  with  mutual  toleration  and 
in  a  fraternal  spirit  ? 

You  complain  that  republicans  discourse  too  boldly  and  directly, 
when  they  express,  with  confidence,  their  belief  that  the  system  of 
lubor  will,  in  the  end,  be  universally  accepted  by  the  capital 
states,  acting  for  themselves,  and  in  conformity  with  their  own 
constitutions,  while  they  sanction,  too  unreservedly,  books  designed 
to  advocate  emancipation.  But  surely  you  can  hardly  expect  the 
federal  government,  or  the  political  parties  of  the  nation,  to 
maintain  a  censorship  of  the  press,  or  of  debate.  Would  you 
yourselves  consent  to  the  establishment  of  such  a  censorship  as  a 
permanent  institution  ?  The  theory  of  our  system  is,  that  error  of 
opinion  may,  in  all  cases,  safely  be  tolerated,  where  reason  is  left 
free  to  combat  it.  Will  it  be  claimed  that  more  of  moderation  and 
tenderness  in  debate  are  exhibited  on  your  side  of  the  great  argu 
ment  than  on  our  own?  We  all  learned  our  polemics,  as  well  as 
our  principles,  from  a  common  master.  We  are  sure  that  we  do 
not,  on  our  side,  exceed  his  lessons  and  examples.  Thomas  Jeffer 
son  addressed  Dr.  Price,  an  Englishman,  concerning  his  treatise 
on  emancipation  in  America,  in  this  fashion  : 

"Southward  of  the  Chesapeake,  your  book  will  find  but  few  readers  con 
curring  with  it  in  sentiment,  on  the  subject  of  slavery.  From  the  mouth  to 
the  head  of  the  Chesapeake,  the  bulk  of  the  people  will  approve  it  in  theory, 
and  it  will  find  a  respectable  minority  ready  to  adopt  it  in  practice  ;  a  minor 
ity  which,  for  weight  and  worth  of  character,  preponderates  against  the 
greater  number  who  have  not  the  courage  to  divest  their  families  of  a  prop- 


THE   ADMISSION   OF   KANSAS.  419 

erty  which,  however,  keeps  their  consciences  unquiet.  Northward  of  the 
Chesapeake,  you  may  find  here  and  there  an  opponent  to  your  doctrine,  as 
you  may  find  here  and  there  a  robber  or  a  murderer ;  but  in  no  greater 
number."  ******* 

"  This  (Virginia)  is  the  next  state  to  which  we  may  turn  our  eyes  for  the 
interesting  spectacle  of  justice  in  conflict  with  avarice  and  oppression— a 
conflict  where  the  sacred  side  is  gaining,  daily,  new  recruits,  from  the  influx 
into  office  of  young  men,  grown  and  growing  up."  *  *  * 

"  Be  not,  then,  discouraged.  What  you  have  written  will  do  a  great  deal  of 
good  ;  and  could  you  still  trouble  yourself  about  our  welfare,  no  man  is  more 
able  to  help  the  laboring  side." 

You  see,  sir,  that  whether  we  go  for  or  against  slavery  any 
where,  we  must  follow  southern  guides.  You  may  change  your 
pilots  with  the  winds  or  the  currents  ;  but  we,  whose  nativity, 
reckoned  under  the  North  Star,  has  rendered  us  somewhat  super 
stitious,  must  be  excused  for  constancy  in  following  the  guidance 
of  those  who  framed  the  national  ship  and  gave  us  the  chart  for 
its  noble  voyage. 

A  profound  respect  and  friendly  regard  for  the  Vice-President 
of  the  United  States,  has  induced  me  to  weigh  carefully  the 
testimony  he  has  given  on  the  subject  of  the  hostility  against  the 
South  imputed  to  the  republican  party,  as  derived  from  the  rela 
tions  of  the  representatives  of  the  two  parties  at  this  capital.  He 
says  that  he  has  seen  here  in  the  representatives  of  the  lower 
Southern  states,  a  most  resolute  and  earnest  spirit  of  resistance 
to  the  republican  party;  that  he  perceives  a  sensible  loss  of  that 
spirit,  of  brotherhood,  and  that  feeling  of  loyalty,  together  with 
that  love  for  a  common  country,  which  are  at  last  the  surest 
cement  of  the  Union ;  so  that,  in  the  present  unhappy  condition 
of  affairs,  he  is  almost  tempted  to  exclaim  that  we  are  dissolving 
week  by  week  and  month  by  month ;  that  the  threads  are  gradu 
ally  fretting  themselves  asunder ;  and  a  stranger  might  suppose 
that  the  Executive  of  the  United  States  was  the  president  of  two 
hostile  republics.  It  is  not  for  me  to  raise  a  doubt  upon  the 
correctness  of  this  dark  picture,  so  far  as  the  southern  groups  upon 
the  canvas  are  concerned,  but  I  must  be  indulged  in  the  opinion 
that  I  can  pronounce  as  accurately  concerning  the  northern  or 
republican  representatives  here  as  any  one.  I  know  their  public 


420  SI  •:•:!•  CUES    IN    THE   UNITED   STATES   SENATE. 

haunts  and  their  private  ways.  We  are  not  a  hostile  republic, 
or  representatives  of  one.  We  confer  together,  but  only  as  the 
organs  of  every  party  do,  and  must  do  in  a  political  system  which 
obliges  us  to  act  sometimes  as  partisans,  while  it  requires  us  always 
to  be  patriots  and  statesmen.  Differences  of  opinion,  even  on  the 
subject  of  slavery,  with  us  are  political,  not  social  or  personal 
differences.  There  is  not  one  disunionist  or  disloyalist  among  us 
all.  We  are  altogether  unconscious  of  any  process  of  dissolution 
going  on  among  us  or  around  us.  We  have  never  been  more 
patient,  and  never  loved  the  representatives  of  other  sections  more 
than  now.  We  bear  the  same  testimony  for  the  people  around  us 
here,  who,  though  in  the  very  centre  where  the  bolt  of  disunion 
must  fall  first  and  with  most  fearful  effect,  seem  less  disturbed 
now  than  ever  before.  We  bear  the  same  testimony  for  all  the 
districts  and  states  we  represent.  The  people  of  the  North  are 
not  enemies,  but  friends  and  brethren  of  the  South,  faithful  and 
true  as  in  the  days  when  death  has  dealt  his  arrows  promiscuously 
among  them  on  common  battle-fields  of  freedom. 

We  will  not  suffer  ourselves  here  to  dwell  on  any  evidences  of 
a  different  temper  in  the  South;  but  we  shall  be  content  with 
expressing  our  belief  that  hostility  that  is  not  designedly  provoked, 
and  that  can  not  provoke  retaliation,  is  an  anomaly  that  must  be 
traced  to  casual  excitements,  which  can  not  perpetuate  alienation. 

A  canvass  for  a  presidential  election,  in  some  respects  more, 
important,  perhaps,  than  any  since  1800,  has  recently  begun. 
The  house  of  representatives  was  to  be  organized  by  a  majority, 
while  no  party  could  cast  more  than  a  plurality  of  votes.  The 
gloom  of  the  late  tragedy  in  Virginia  rested  on  the  capitol  from 
the  day  when  Congress  assembled.  While  the  two  great  political 
parties  were  peacefully,  lawfully,  and  constitutionally,  though  zeal 
ously,  conducting  the  great  national  issue  between  free  labor  arid 
capital  labor  for  the  territories  to  its  proper  solution,  through  the 
trials  of  the  ballot,  operating  directly  or  indirectly  on  the  various 
departments  of  the  government,  a  band  of  exceptional  men,  con 
temptuous  equally  of  that  great  question  and  of  the  parties  to  the 
controversy,  and  impatient  of  the  constitutional  system  which 
confines  the  citizens  of  every  state  to  political  action  by  suffrage, 


THE    ADMISSION    OF    KANSAS.  421 

in  organized  parties  within  their  own  borders,  inspired  by  an 
enthusiasm  peculiar  to  themselves,  and  exasperated  by  grievances 
and  wrongs  that  some  of  them  had  suffered  by  inroads  of  armed 
propagandists  of  slavery  in  Kansas,  unlawful  as  their  own  retalia 
tion  was,  attempted  to  subvert  slavery  in  Virginia,  by  conspiracy, 
ambush,  invasion,  and  force.  The  method  we  have  adopted,  of 
appealing  to  the  reason  and  judgment  of  the  people,  to  be  pro 
nounced  by  suffrage,  is  the  only  one  by  which  free  government 
can  be  maintained  anywhere,  and  the  only  one  as  yet  devised  which 
is  in  marked  harmony  with  the  spirit  of  the  Christian  religion. 
While  generous  and  charitable  natures  will  probably  concede  that 
John  Brown  and  his  associates  acted  on  earnest,  though  fatally 
erroneous,  convictions,  yet  all  good  citizens  will  nevertheless  agree, 
that  this  attempt  to  execute  an  unlawful  purpose  in  Virginia 
by  invasion,  involving  servile  war,  was  an  act  of  sedition  and 
treason,  and  criminal  in  just  the  extent  that  it  affected  the  public 
pence  and  was  destructive  of  human  happiness  and  human  life. 
Jt  is  a  painful  reflection  that,  after  so  long  an  experience  of  the 
beneficent  working  of  our  system  as  we  have  enjoyed,  we  have 
had  these  new  illustrations  in  Kansas  and  Virginia  of  the  existence 
among  us  of  a  class  of  men  so  misguided  and  so  desperate  as  to 
beek  to  enforce  their  peculiar  principles  by  the  sword,  drawing 
after  it  a  need  for  the  further  illustration,  by  their  punishment, 
of  that  great  moral  truth,  especially  applicable  in  a  republic,  that 
they  who  take  up  the  sword  as  a  weapon  of  controversy  shall 
perish  by  the  sword.  Jn  the  latter  case,  the  lamented  deaths  of 
so  many  citizens,  slain  from  an  ambush  and  by  surprise — nil  the 
more  lamentable  because  they  were  innocent  victims  of  a,  frenzy 
kindled  without  their  agency,  in  far  distant  fires— the  deaths  even 
of  the  offenders  themselves,  pitiable,  although  necessary  and  just, 
because  they  acted  under  delirium,  which  blinded  their  judgments 
to  the  real  nature  of  their  criminal  enterprise  ;  the  alarm  and  con 
sternation  naturally  awakened  throughout  the  country,  exciting,  for 
the  moment,  the  fear  that  our  whole  system,  with  all  its  securities 
for  life  and  liberty,  was  coining  to  an  end— a  fear  none  the  more 
endurable  because  continually  aggravated  by  new  chimeras  to 
which  the  great  leading  event  lent  an  air  of  probability;  surely  all 


422  SPEECHES    IN    THE    UNITED    STATES    SENATE. 

these  constituted  a  sum  of  public  misery,  which  ought  to  have 
satisfied  the  most  morbid  appetite  for  social  horrors.  But,  as  in 
the  case  of  the  gunpowder  plot,  and  the  Salem  witchcraft,  and  the 
New  York  colonial  negro  plot,  so  now ;  the  original  actors  were 
swiftly  followed  by  another  and  kindred  class,  who  sought  to 
prolong  and  widen  the  public  distress  by  attempting  to  direct  the 
indignation  which  it  had  excited,  against  parties  guiltless  equally 
of  complicity  and  of  sympathy  with  the  offenders. 

Posterity  will  decide  in  all  the  recent  cases  where  political 
responsibility  for  public  disasters  must  fall;  and  posterity  will 
give  little  heed  to  our  interested  instructions.  It  was  not  until  the 
gloomy  reign  of  Domitian  had  ended,  and  liberty  and  virtue  had 
found  assured  refuge  under  the  sway  of  the  milder  Nerva,  that 
the  historian  arose  whose  narrative  of  that  period  of  tyranny  and 
terror  has  been  accepted  by  mankind. 

The  republican  party  bein^  thus  vindicated  against  the  charge 
of  hostility  to  the  South,  which  has  been  offered  in  excuse  for  the 
menaces  of  unconstitutional  resistance  in  the  event  of  its  success, 
I  feel  well  assured  that  it  will  sustain  me  in  meeting  them  in  the 
spirit  of  the  defender  of  the  English  Commonwealth : — 

"  Surely  they  that  shall  boast  as  we  do  to  be  a  free  nation,  and  having  the 
power,  shall  not  also  have  the  courage  to  remove,  constitutionally,  every 
governor,  whether  he  be  the  supreme  or  subordinate,  may  please  their  fancy 
with  a  ridiculous  and  painted  freedom,  fit  to  cozen  babies,  but  are,  indeed, 
under  tyranny  and  servitude,  as  wanting  that  power,  wjiich  is  the  root  and 
source  of  all  liberty,  to  dispose  of  and  economize  in  the  land  which  God  hath 
given  them,  as  members  of  family  in  their  own  home  and  free  inheritance. 
Without  which  natural  and  essential  power  of  a  free  nation,  though  bearing 
high  their  heads,  they  can,  in  due  esteem,  be  thought  no  better  than  slaves 
and  vassals  born  in  the  tenure  and  occupation  of  another  inheriting  lord, 
whose  government,  though  not  illegal  or  intolerable,  hangs  on  them  as  a 
lordly  scourge,  not  as  a  free  government." 

The  republican  party  knows,  as  the  whole  country  will  ulti 
mately  come  to  understand,  that  the  noblest  objects  of  national  life 
must  perish,  if  that  life  itself  shall  be  lost,  and,  therefore,  it  will 
accept  the  issue  tendered.  It  will  take  up  the  word  Union,  which 
others  are  so  willing  to  renounce,  and  combining  it  with  that  other 
glorious  thought,  Liberty,  which  has  been  its  inspiration  so  long, 


THE    ADMISSION    OF    KANSAS.  423 

it  will  move  firmly  onward,  with  the  motto  inscribed  on  its  banner, 
"  UNION  and  LIBERTY,  come  what  may,  in  victory  as  in  defeat,  in 
power  as  out  of  power,  now  and  for  ever." 

If  the  republican  party  maintain  the  Union,  who  and  what 
party  is  to  assail  it  ?  Only  the  democratic  party,  for  there  is  no 
other.  Will  the  democratic  party  take  up  the  assault?  The 
menaces  of  disunion  are  made,  though  not  in  its  name,  yet  in  its 
behalf.  It  must  avow  or  disavow  them.  Its  silence,  thus  far,  is 
portentous,  but  is  not  alarming.  The  effect  of  the  intimidation, 
if  successful,  would  be  to  continue  the  rule  of  the  democratic 
party,  though  a  minority,  by  terror.  It  certainly  ought  to  need 
no  more  than  this  to  secure  the  success  of  the  republican  party. 
If,  indeed,  the  time  has  come  when  the  democratic  party  must 
rule  by  terror,  instead  of  ruling  through  conceded  public  confi 
dence,  then  it  is  "quite  certain  that  it  cannot  be  dismissed  from 
power  too  soon.  Ruling  on  that  odious  principle,  it  could  not 
long  save  either  the  Constitution  or  public  liberty.  But  I  shall 
not  believe  the  democratic  party  will  consent  to  stand  in  this 
position,  though  it  does,  through  the  action  of  its  representatives* 
seem  to  cover  and  sustain  those  who  threaten  disunion.  I  know 
the  democracy  of  the  North.  I  know  them  now  in  their  waning 
strength.  I  do  not  know  a  possible  disunionist  among  them  all. 
I  believe  they  will  be  as  faithful  to  the  Union  now  as  they  were 
in  the  bygone  days  when  their  ranks  were  full,  and  their  challenge 
to  the  combat  was  always  the  war-cry  of  victory.  But,  if  it  shall 
prove  otherwise,  then  the  world  will  all  the  sooner  know  that 
every  party  in  this  country  must  stand  on  Union  ground ;  that  the 
American  people  will  sustain  no  party  that  is  not  capable  of 
making  a  sacrifice  of  its  ambition  on  the  altar  of  the  country;  that 
although  a  party  may  have  never  so  much  of  prestige,  and  never 
such  traditional  merit,  yet,  if  it  be  lacking  in  the  one  virtue  of 
loyalty  to  the  Union,  all  its  advantages  will  be  unavailing;  and 
then  obnoxious  as,  through  long-cherished  and  obstinate  prejudices, 
the  republican  party  is  in  the  capital  states,  yet  even  there  it  will 
advance  like  an  army  with  banners,  winning  the  favor  of  the 
whole  people,  and  it  will  be  armed  with  the  national  confidence 


424:  SPK1-:CHKS    IN    THK    UNITKD    STATICS    SENATE. 

and  support,  when  it  shall  be  found  the  only  party  that  defends 
and  maintains  the  integrity  of  the  Union. 

Those  who  seek  to  awaken  the  terrors  of  disunion  seem  to  me 
to  have  too  hastily  considered  the  conditions  under  which  they 
are  to  make  their  attempt.  Who  believes  that  a  republican 
administration  and  Congress  could  practice  tyranny  under  a 
Constitution  which  interposes  so  many  checks  as  ours?  Yet  that 
tyranny  must  not  only  be  practiced,  but  must  be  intolerable,  and 
there  must  be  no  remaining  hope  for  constitutional  relief,  before 
forcible  resistance  can  find  ground  to  stand  on  anywhere. 

The  people  of  the  United  States,  acting  in  conformity  with  the 
Constitution,  are  the  supreme  tribunal  to  try  and  determine  all 
political  issues.  They  are  as  competent  to  decide  the  issues  of 
to-day,  as  they  have  been  heretofore  to  decide  the  issues  of  other 
days.  They  can  reconsider  hereafter,  and  reverse,  if  need  be,  the 
judgment  they  shall  pronounce  to-day,  as  they  have  more  than 
once  reconsidered  and  reversed  their  judgments  in  former  times. 
It  needs  no  revolution  to  correct  any  error,  or  prevent  any  danger, 
under  any  circumstances. 

Nor  is  any  new  or  special  cause  for  revolution  likely  to  occur 
under  a  republican  administration.  We  are  engaged  in  no  new 
transaction,  not  even  in  a  new  dispute.  Our  fathers  undertook  a 
great  work  for  themselves,  for  us,  and  for  our  successors — to  erect 
a  free  and  federal  empire,  whose  arches  shall  span  the  North 
American  continent,  and  reflect  the  rays  of  the  sun  throughout 
his  whole  passage  from  the  one  to  the  other  of  the  great  oceans. 
They  erected  thirteen  of  its  columns  all  at  once.  These  are 
standing  now,  the  admiration  of  mankind.  Their  successors 
added  twenty  more ;  even  we  who  are  here  have  shaped  and 
elevated  three  of  those  twenty,  and  all  these  are  as  firm  and  stead 
fast  as  the  first  thirteen ;  and  more  will  yet  be  necessary  when  we 
shall  have  rested  from  our  labors.  Some  among  us  prefer  for 
these  columns  a  composite  material;  others,  the  pure  white  marble. 
Our  fathers  and  our  predecessors  differed  in  the  same  way,  and 
on  the  same  point.  What  execrations  should  we  not  all  unite  in 
pronouncing  on  any  statesmen  who  heretofore,  from  mere  disap 
pointment  and  disgust  at  being  overruled  in  his  choice  of  materials 


THE    ADMISSION    OF   KANSAS.  425 

for  any  new  column  then  to  be  quarried,  should  have  laid  violent 
hands  on  the  imperfect  structure  and  brought  it  down  to  the  earth, 
there  to  remain  a  wreck,  instead  of  a  citadel  of  a  world's  best 
hopes ! 

I  remain  now  in  the  opinion  I  have  uniformly  expressed  here 
and  elsewhere,  that  these  hasty  threats  of  disunion  are  so  unnatural 
thho  '  ey  will  find  no  hand  to  execute  them.  We  are  of  one  race, 
language,  liberty,  and  faith ;  engaged,  indeed,  in  varied  industry, 
but  even  that  industry,  so  diversified,  brings  us  into  more  intimate 
relations  with  each  other  than  any  other  people,  however  homo 
geneous,  and  though  living  under  a  consolidated  government,  ever 
maintained.  We  languish  throughout,  if  one  joint  of  our  federal 
frame  is  smitten ;  while  it  is  certain  that  a  part  dissevered  must 
perish.  You  may  refine  as  you  please  about  the  structure  of  the 
government,  and  say  that  it  is  a  compact,  and  that  a  breach,  by  one 
of  the  states  or  by  Congress,  of  any  one  article,  absolves  all  the  mem 
bers  from  allegiance,  and  that  the  states  may  separate  when  they 
have,  or  fancy  they  have  cause  for  war.  But  once  try  to  subvert 
it,  and  you  will  find  that  it  is  a  government  of  the  whole  people — as 
individuals,  as  well  as  a  compact  of  states ;  that  every  individual 
member  of  the  body-politic  is  conscious  of  his  interest  and  power 
in  it,  and  knows  that  he  will  be  helpless,  powerless,  hopeless,  when 
it  shall  have  gone  down.  Mankind  have  a  natural  right,  a  natural 
instinct,  and  a  natural  capacity  for  self-government ;  and  when,  as 
here,  they  are  sufficiently  ripened  by  culture,  they  will  and  must 
have  self-government,  and  no  other.  The  framers  of  our  Consti 
tution,  with  a  wisdom  that  surpassed  all  previous  understanding 
among  men,  adapted  it  to  these  inherent  elements  of  human 
nature.  He  strangely,  blindly  misunderstands  the  anatomy  of  the 
great  system,  who  thinks  that  its  only  bonds,  or  even  its  strongest 
ligaments,  are  the  written  compact,  or  even  the  multiplied  and 
thoroughly  ramified  roads  and  thoroughfares  of  trade,  commerce, 
and  social  intercourse.  These  are  strong  indeed,  but  its  chiefest 
instruments  of  cohesion — those  which  render  it  inseparable  and 
indivisible — are  the  millions  of  fibres  of  millions  of  contented, 
happy  human  hearts,  binding  by  their  affections,  their  ambitions, 
and  their  best  hopes,  equally  the  high  and  the  low,  the  rich  and 


426  SPEECHES    IN   THE    UNITED    STATES   SENATE. 

the  poor,  the  wise  and  the  unwise,  the  learned  and  the  untutored, 
even  the  good  and  the  bad.  to  a  government,  the  first,  the  last,  and 
the  only  such  one  that  has  ever  existed,  which  takes  equal  heed 
always  of  their  wants,  their  wishes,  and  their  opinions ;  and  appeals 
to  them  all,  individually,  once  in  a  year,  or  in  two  years,  or  at  least 
in  four  years,  for  their  expressed  consent  and  renewal,  without 
which  it  must  cease.     No,  go  where  you  will,  and  to  what  class 
you  may,  with  commissions  for  your  fatal  service  in  one  hand,  and 
your  bounty  counted  by  the  hundred  or  the  thousand  pieces  of 
silver  in  the  other,  a  thousand  resisters  will   rise  up  for  every 
recruit  you  can  engage.    On  the  banks  equally  of  the  St.  Lawrence 
and  of  the  Rio  Grande,  on  the  Atlantic  and  the  Pacific  coasts,  on 
the  shores  of  the  Gulf  of  Mexico  and  in  the  dells  of  the  Rocky 
Mountains,  among  the  fishermen  on  the  banks  of  Newfoundland, 
the  weavers  and  spinners  of  Massachusetts,  the  stevedores  of  New 
York,  the  miners  of  Pennsylvania,  Pike's   Peak,  and  California, 
the  wheat-growers  of  Indiana,  the  cotton  and  the  sugar  planters 
on  the  Mississippi,  among  the  voluntary  citizens  from  every  other 
land,  not  less  than  the  native  born,*  the  Christian  and  the  Jew, 
among  the  Indians  on  the  prairies,  the  contumacious  Mormons  in 
Deseret,  the  Africans  free,  the  Africans  in  bondage,  the  inmates 
of  hospitals  and  almshouses,  and  even  the  criminals  in  the  peniten 
tiaries,  rehearse  the  story  of  your  wrongs  and  their  own,  never  so 
eloquently  and  never  so  mournfully,  and  appeal  to  them  to  rise. 
They  will  ask  you,  "Is  this  all?"     "Are  you   more  just  than 
Washington,  wiser  than  Hamilton,  more  humane  than  Jefferson?" 
"What  new  form  of  government  or  of  union  have  you  the  power 
to  establish,  or  even  the  cunning  to  devise,  that  will  be  more  just, 
more   safe,  more    free,   more   gentle,  more    beneficent,  or   more 
glorious  than  this?"     And  by  these   simple  interrogatories   you 
will  be  silenced  and  confounded. 

Mr.  President,  we  are  perpetually  forgetting  this  subtle  and 
complex,  yet  obvious  and  natural  mechanism  of  our  Constitution ; 
and  because  we  do  forget  it,  we  are  continually  wondering  how  it 
is  that  a  confederacy  of  thirty  and  more  states,  covering  regions 
so  vast,  and  regulating  interests  so  various  of  so  many  millions  of 
men,  constituted  and  conditioned  so  diversely,  works  right  on. 


THE    ADMISSION    OF   KANSAS.  427 

We  are  continually  looking  to  see  it  stop  and  stand  still,  or  fall 
suddenly  into  pieces.  But,  in  truth,  it  will  not  stop ;  it  can  not 
stop ;  it  was  made  not  to  stop,  but  to  keep  in  motion — in  motion 
always,  and  without  force.  For  my  own  part,  as  this  wonderful 
machine,  when  it  had  newly  come  from  the  hands  of  its  almost  divine 
inventors,  was  the  admiration  of  my  earlier  years,  although  it  was 
then  but  imperfectly  known  abroad,  so  now,  when  it  forms  the 
central  figure  in  the  economy  of  the  world's  civilization,  and  the 
best  sympathies  of  mankind  favor  its  continuance,  I  expect  that  it 
will  stand  and  work  right  on,  until  men  shall  fear  its  failure  no 
more  than  we  now  apprehend  that  the  sun  will  cease  to  hold  his 
eternal  place  in  the  heavens. 

Nevertheless,  I  do  not  expect  to  see  this  purely  popular,  though 
majestic,  system  always  working  on  unattended  by  the  presence 
and  exhibition  of  human  temper  and  human  passions.  That  would 
be  to  expect  to  enjoy  rewards,  benefits,  and  blessings,  without 
labor,  care,  and  watchfulness — an  expectation  contrary  to  divine 
appointment.  These  are  the  discipline  of  the  American  citizen, 
and  he  must  inure  himself  to  it.  When,  as  now,  a  great  policy, 
fastened  upon  the  country  through  its  doubts  and  fears,  confirmed 
by  its  habits,  and  strengthened  by  personal  interests  and  ambitions, 
is  to  be  relaxed  and  changed,  in  order  that  the  nation  may  have 
its  just  and  natural  and  free  developments,  then,  indeed,  all  the 
winds  of  controversy  are  let  loose  upon  us  from  all  points  of  the 
political  compass,  we  see  objects  and  men  only  through  mazes, 
mists,  and  doubtful  and  lurid  lights.  The  earth  seems  to  be 
heaving  under  our  feet,  and  the  pillars  of  the  noble  fabric  that 
protects  us  to  be  trembling  before  our  eyes.  But  the  appointed 
end  of  all  this  agitation  comes  at  last,  and  always  seasonably ;  the 
tumults  of  the  people  subside ;  the  country  becomes  calm  once 
more ;  and  then  we  find  that  only  our  senses  have  been  disturbed, 
and  that  they  have  betrayed  us.  The  earth  is  firm  as  always 
before,  and  the  wonderful  structure,  for  whose  safety  we  have 
feared  so  anxiously,  now  more  firmly  fixed  than  ever,  still  stands 
unmoved,  enduring  and  immovable. 


INDEX. 


PAGE. 

ABROGATION  of  the  Missouri  Compro 
mise 147,  162,22:1,351 

Adams,  John 270,292.333 

Adams,  John  Quincy  31,  33.  90. 121, 150,  219 
Addresses,  Arguments,  and  Speeches  : — 

at  Union  College 91 

in  the  Supreme  Court  of  U.  S.  92,  96,  243 

on  Invention 92 

on  Fugitive  Slave  Law 96,  243 

on  Freeman's  Trial 107,  275 

at  Detroit 116 

at  Cleveland 123 

nt  Rutland 138,  176 

at  Columbus 158,  327 

at  American  Institute 158,  320 

at  Yale  College 169,291 

in  the  U.  S.  Senate 176,  et  seq. 


nt  Springfield 195 

at  Westfield 200 

at  Sunday-School  Celebration 204 

at  Anniversary  of  Bible  Society 210 

in  the  Court  of  Chancery 219 

at  Utica 227 

to  the  Indians 306 

in  the  N.  Y.  Senate 307 

of  n  Republican  Convention 314 

a  Legislative,  in  1831 317 

on  the  President's  Veto  Insane  Bill.  317 

on  the  Destiny  of  America 327 

on  the  Nebraska  Question 351 

African  Suffrage 

Agriculture 53,  138,  175 


Albany  Evening  Journal 42 

Albany  Regency,  The 31,  35,  49,  314 

America,  Destiny  of 158,  327 

American  Enterprise 277 

American  Fisheries 138,  283 

American  Independence,  True  Basis  158.  320 
American  People.  Development  of.  169,  291 

American  Steam  Navigation 138,  277 

Ancestry  of  Sewards 13 

Aneodm,"* 13,  18,  21,  22 

Anthon  John ~'"> 

Anti-Masonry 33,  317 

.  Anti-Rent  Trouble? HO 

Arctic  Ocean.  Survey  of. 138.  283 

Arguments,  Forensic  92,  90, 107, 116,  243,  2<!;> 
Armstrong.  Robert. 18 


PACK. 

Auburn 26,  90 

Austin,  John  M 91 

P,ad<rer.  Senator 225,  375 

Baltimore  Convention 147 

Banking.  Reforms  in 58 

Barnburners  and  Hunkers 122 

Bell,  Senator 163,  366 

Belknap,  General 18 

Benton,  Thomas  H 367 

Berdan,  David 32 

Ber i  ien,  Senator 225 

Betts.  Samuel  R 18 

Bible.  The 27,  210 

Bouck,  William  C 89 

Bradish,  Luther 50,89 

Branches  of  Seward  Family 13 

Biidfman,  Laura 295 

British  Power 287 

Brown,  William 28 

Buel,  Jesse -.     48 

Burke's  Speech,  imaginary 278 

Burr,  Aaron 19 

Burt,  James 18 

Calhoun,  John  C 153,  259,  312,  398 

California 132 

Canal,  Chenango 36 

Canal,  Erie 68,72,  194 

Cass,  Senator 150.366 

Chase,  Senator 163,  275 

Children  of  Exiles 212 

Cincinnati  Case 96 

Clay,  Henry 40,  88,  121,  130,  169,  367 

Clemens,  Senator 225 

Clergy,  The  New  Ensland 168,  223 

Cleveland  Speech,  The 123 

Clinton,  De  Witt 52,  159,  198 

Clinton  Family,  The 17 

Colden,  Cadwallader  C 17 

College,  Union 19 

College,  Yale 169 

Collins  Steamers,  The 277 

Colonel  John  Seward 13 

Colored  Citizens,  Letter  to 306 

Colt,  John  C.,  Case  of 77 

Columbia,  District  of. 247 

Columbus  Oration 158 

COMMERCE  (Selection) — 

Public  Faith 27 

American  Enterprise 277 

Tin-  Wliale  Fisheries 283 

Commerce  on  the  Pacific 286 

A   Continental   Railroad — its   Com 
mercial  Advantages 289 


430 


INDEX. 


PAGE 

Compromse  Bill,  The  135,  141,  145,  147,  238 
Compromises  cannot  settle  the  Slavery 

Question 270 

Congress  of  1853-'54 161 

Constitutional  Convention 122 

Continental  RailroHd 289 

Continental  Risrhts 150 

Conventions,  Baltimore 147 

Convention,  Young  Men's 33 

Cooperstown  Case 96 

Cooper,  J.  Fenimore 95 

Court  of  Errors 45 

Criminal  Trials 95 

Crittenden,  John  J 66 

Cuba,  Annexation  of 150,  155 

Davis,  Governor 195 

Dawson,  Senator 227 

Dedication  of  University  at  Columbus, 

Ohio 158,327 

D'Hauteville,  Madame 80 

Delinquent?,  Juvenile 77 

Destiny  of  America,  The 158,  327 

Detroit  Case,  The 115 

Development  of  American  People,  &c..  169 

District  of  Columbia,  Slavery  in 247 

Disunion,  Apprehensions  of,  groundless.  257 

Dix,  Miss  D.  L 318 

Dix,  John  A 131 

Dixon,  Senator 1ft} 

Doctor  S.  S.  Seward '. 14 

Doctor  of  Laws,  Degree  of 169 

Domain,  The  Public 136,  161,  254,  309 

Douglas,  Senator 162 

Duer,  John 18,  25 


Education,  Universal 36,  53,  200,  299 

EDUCATION  (Selections)— 

its  proper  Range 200 

a  Leveller. 202 

Female 205 

and  the  People 206 

better  than  Conquest 207 

the  Bible,  and  a  Republic 210 

defective  System  of 210 

Amendments  proposed 210 

Children  ofExiles 212 

The  Public  School  Society 215 

Elections  by  the  People 37,  62 

Election  of  Governor. 51 

Election  of  1840 88 

of!844 121 

of  1848 122 

of  18o2 141,  147 

Election  of  Senator 131 

Elgin,  Lord 140 

Emancipation  in  District  of  Columbia..  247 

Enlargement  of  Erie  Canal 68,  72,  192 

Enterprise,  American 277 

Erie  Railroad ,...  3(5,  49,  73,  194 

EULOGIES — 

on  John  Quincy  Adams 91,  219 

on  O'Comtell 98 

on  James  Tallmadge 158 

on  Henry  Clay ]fi9 

on  Daniel  Webster 169 

Europe,  Freedom  in i;t7 

Europe.  Letters  from '.'..'.'.'.     42 

Everett,  Senator 163,  168 

Exiles,  Children  of. 216 


Extradition  of  Fugitives. 


245 


Faith,  Public 276,  351 

Family,  The  Seward 13 

Female  Convicts 76 

Fenelon  Archbishop 294 

Fessenden.  Senator 163 

Fillmore,  Millard 34,  145,  170 

Fisheries,  American 138 

Fisheries,  Whale 283 

Fish,  Governor 37 

Fitch,  Abel  F 115 

Flagg,  Comptroller 69 

Florida,  Village  of 14,  18 

Forensic  Arguments.... 92,  116,  119,  243,  295 

Franklin,  Benjamin 234 

Freedom  and  Public  Faith 351 

Freedom  and  Slavery 126,  136,  219,  351 

FREEDOM  (Selections)— 

Eulogy  on  J.  Q.  Adams 219 

Mutual  Rights  and  Duties  of  Nations  221 

The  Right~of  Petition 223 

Political  Equality 226 

Religious  Intolerance...... 227 

Intolerance 229 

Louis  Kossuth 231 

Congressional  Compromises 238 

The  Recaption  of  Fugitive  Slaves...  240 
The  Fugitive  Slave  Law  of  1793  Un 
constitutional  and  Void...... .   243 

Extradition  of  Fugitives 245 

Emancipation  in  the  District  of  Co 
lumbia  247 

Admission    of    new    Slave-holding 

States 249 

Uses  of  the  National  Domain 254 

Slavery  in  the  new  Territories 255 

Apprehensions  of  Disunion  ground 
less 257 

Slavery 268 

The  Slavery  Question  can  never  be 

settled  by  Compromises 270 

Moderation 273 

Freeman  Case,  The 99,  295 

French  Spoliations 136,  276 

Fugitives.  Extradition  of 245 

Fugitive  Slaves 82,  96,  119,  243 

Fugitive  Slave  Law  of  1793 96,  243 

Fugitive  Slave  Law  of  1850 144 

Gadsden  Treaty,  The 168 

Georgia,  Seward  Family  in 13 

Governor,  Election  of. 47,  51 

Granger,  Francis 34 

Groundless  Apprehensions  of  Disunion.  257 

Hall,  Willis 65 

Hamilton,  Alexander. 333 

Harrison,  General 65,  88 

Hickok,  Re.v.  Dr 24 

Higher  Law,  The 133,  242,  254,  271,  332 

Hoffman.  Ogden 18,  25 

Holland  Land  Company.. 47 

Hum> '.-t'-ail  Bill,  The 161,309 

Houston.  Senator 163 

Hulbert.  John  M 28 

Human  Nature.  The  Cause  of. 336 

Hungarian  Liberty 137 

Hunkers  and  Barnburners...- 128 


INDEX. 


431 


Hunt,  Governor 37 

Imprisonment  for  Debt -•     36 

Indemnities,  French  Spoliations 276 

Independence,  Arm-dean,  True  Basis  158,  320 

Indians.  The 304 

Insanity. 295 

Insanity,  Causes  and  Circumstances 299 

fauna.  Belief  o(  Veto 162,  317 

Institute,  American,  Address 158,  320 

In-tituto  founded  by  S.  S.  So  ward 15 

Internal  improvements..  36,  68,  73,  121,  192 
INTERNAL  IMPROVEMENTS  (Selections) — 
The  Policy  of  the  Founders  of  the 

Republic. 

Wise  nnd  Beneficent 

Source  of  Prosperity  to  the  State... 

only  sure  Bond  of  Union 194 

Suspension  of,  condemned 192 

Resumption  of,  recommended 192 

New  York  ami  Massachusetts 195 

Intolerance 227,  229 

Inventors.  Rights  of 119 

Invention.  Sp.H-ch  on 92 

Ireland,  Wrongs  of 15 

Irish  Patriots 137 

Iron,  Bailroad,  Speech 156 

Jacicson,  Andrew 33,  43,  312 

Jay,  John 82,251 

Jay,  William 51 

Jefferson,  Thomas 270 

Jennings,  Isaac 14 

Jennings,  Mary 15 

Jury  Trial  for  Fugitives 82 

Kansas  nnd  Nebraska...  145.147,162,223,351 

Kent,  William 24 

Kentucky,  Seward  Family 13 

Kentucky,  Slavery  in 270 

Kidnapped  Negroes  recovered 83 

King,  William  R 284 

Kossuth,  Louis 137,  231 

Lund--,  The  Public 136,  161,  254,  309 

Law,  Gov.  Marcy's  Loan 36 

Law,  The  Fugitive  Slave 96,  144,  243 

Law,  The  Higher 133,  242,  254,  271,  332 

Letter  to  Colored  Citizens 306 

Letter  to  New  York,  Nebraska 164 

Letter  to  S.  P.  Chase 272 

Libel,  The  Law  of 119 

Liberty  of  the  Press 119 

Marcy,  Governor .". 36,  47 

Massachusetts  and  New  York 195 

Massacre  of  Van  Nest  Family 91 

Maxwell,  Hugh 6 

M'Cormick's  Reaper 282 

M'Lood  Case,  The 64 

M.-aglvr,  Thomas  F 137 

MEMOIR— 

The  Seward  Family 

Samuel  S.  Seward 

The  Mother  of  William  II.  S-.ward 

Irish  Lineage 

William  Henry  Seward 

Birthplace 

Boyhood 


PAGE. 

MEMOIR — 

School-Days 1 

Orange  County ,  -  17 

Farmers'  Hall  Academy 19 

Young  Sewnrd  enters  Union  College  19 

His  College  Life 20 

Favorite  Studies 20 

Visits  the  South 20 

Becomes  a  Teacher.. 21 

Anecdotes.   21 

Retu rns  to  College $ 

Exciting  Contests 23 

Triumph  of  Seward 23 

Gi  ad  nates 24 

William  Kent. 24 

Seward  appointed  to  address  Dan 
iel  D.  Tompkins 24 

His  Relations  with  Dr.  Nott  and  his 

College  Companions 24 

Enters  the  Law  Office  of  John  An- 

thon  as  a  Student 25 

Completes   his    Studies   with  John 

Duer  mid  Oaden  Hoffman 25 

Admitted  to  the  Bar 25 

Removes  to  Auburn 25 

Associates  with  Judge  Miller 25 

Marriage - 26 

Children 26 

Auburn,  it*  Characteristics 26 

Mr.  Se  ward's  Religious  Principles..  26 
His  Early  Devotion  to  Public  Im 
provement 27 

Character  as  a  Lawyer 27 

John  C.  Spencer 28 

John  M.  Hulbert 28 

Mr.  Sewiird's  Success  at  the  Bar...  29 

His  Political  Predilections 29 

Mr.  Seward  takes  Ground  against 

Slavery 30 

His  Views  and  Course 30 

His  Views  of  the  Albany  Regency 

in!824 31 

Oration  for  Greece 32 

Eulogy  on  David  Berdan 32 

Young  Men's  Convention 33 

John  Q.  Adams  and  General  Jackson  33 

Antimasonic  Excitement 33 

Mr.  Seward  nominated  for  Congress 

in  1828 r....  33 

Declines 33 

Supports   the  National   Republican 

Party 33 

Nominated  for  the  State  Senate 34 

Mr.  Seward   enters   the   Senate   of 

New  York 34 

His  Position  and  Course 35 

His  Maiden  Speech 36 

Militia  Reforms 36 

Internal  Improvements 36 

Imprisonment  for  Debt. ...........  36 

Universal  Education 36 

Klrctions  by  the  People 37 

The  United  States  Bank 38 

Prison  for  Females 39 

Oriain  of  the  Whig  Party 39 

Corporations 40 

Presidential  Election,  1832 40 

Clay  and  Wirt 40 

Mr.  Seward's  Course 4C 

Visits  Europe 41 


43J 


INDEX. 


PAGE. 

MEMOIR — 

Letters  from  Europe 42 

Returns  and  resumes  his  Seat  in  the 

Senate , 43 

Speech  on  the  removal  of  the  De- 

posites - 43 

Governor  Marcy's  Loan  Law 44 

The  Court  of  Errors 45 

Mr.  Seward  as  a  Judge 45 

His  Eulogium  on  Lafayette 46 

Nominated  for  Governor,  1834 47 

His  large  Vote 47 

Delivers  an  Address  on  Education 

and  Internal  Improvements  at  Au 
burn  47 

Appointed    Agent    of   the   Holland 

Land  Company 47 

Delivers  a  Discourse  on  Education 

at  Westfield,  Chautauque  County, 

July,  1837 48 

Triumph  of  the  Whigs 49 

Now  York  and  Erie  Railroad 49 

Second  Nomination  lor  Governor, 

1838 50 

Elected  Governor . .  51 

Complete   Success   of   the   Whigs, 

and  overthrow  of  the  Regency...  51 
Mr.  Seward  the  first  Whit'  Governor 

of  New  York .". 52 

Peculiar  Circumstances 52 

Mr.  Seward's  Course  and  Measures  52,  53 
His  Devotion  to  Improvements  and 

Reforms 53 

AgrieultJire 53 

Education 54 

The  School  Controversy 54 

Immigrants 56 

Law  Reform 56 

Decentralization    of    the    Regency 

Power 57 

Reforms  in  the  Banking  System 58 

Small  Bill  Law 58 

Geological  Survey 59 

Notes  on  New  York 59 

Abolition  of  Imprisonment  for  Debt  59 
Governor  Seward's  Course   in  the 

Anti-Rent  Difficulties 60 

Vindication  by  Court  of  Appeals...  6i 

Militia  Reforms 62 

Election  Laws 62 

Veto  of  the  Registry  Acts  Suppressed  63 

Disturbances  in  Canada 64 

TheM'Leod  Case 64 

General  Harrison 65 

Mr.  Webster. 65 

Mr.  Crittenden 66 

Mr.  Van  Buren 67 

Willis  Hall 67 

John  Tyler 67 

Mr.  Seward's  Firmness  and  Wisdom 

Illustrated '. .  67 

Governor  Seward  and  the  Canals..  68 

The  Enlargement  Question 68 

Report  of  S.  B.  Ruggles 69 

Mr.  Flaag's  Policy 69 

The  State  Debt 69 

Financial  Crisis 70 

Erroneous  Estimates  by  the  Canal 

Commissioners  Discovered 70 

Suspension  of  the  Public  Work.? 71 

Governor  Seward's  Course 71 


PAGE. 

MEMOIR— 

Resumption  of  the  Public  Works...  72 
His  Policy  vindicated  and  re-estab 
lished  in  1854 72 

Railroads 73 

NewYorkand  Erie 73 

Hudson  River 74 

Pacific 75 

Pardon  Cases 76 

The  Insane  Murderer 76 

Female  Convicts 76 

Juvenile  Delinquents 77 

Benjamin  Rathbun 77 

John  C.  Colt 77 

Catharine  Wilkins 78 

James  Watson  Webb  and  Thomas 

F.Marshall 79 

Madame  D'Hauteville 80 

Thnrlow  Weed 81 

The  Registry  Act 81 

The  Lemmon  Case 82 

Jury  Trial  for  Fugitive  Slaves 82 

State  Officers  prohibited  from  assist 
ing  in  Arrest  of  Fugitive  Slaves..  82 
Recovery  of  Kidnapped  Negroes...  83 

Solomon  Northup 83 

African  Suffrage 83 

The  Virginia  Controversy • . .  84 

Imprisonment   of  Colored  Men  in 

Slave  States 87 

Resolves  to  decline  a  Re-Election...  87 

General  Harrisons  Election  in  1840  88 

Mr.  Clay's  Nomination  in  1844 88 

Governor  Seward's  View 88 

Defeat  of  the  Whigs 89 

Luther  Bradish 89 

Governor  Bouck 89 

Mr.  Seward  in  Private  Life 90 

Receives    John   Quincy   Adams    at 

Auburn 90 

Death  of  John  Quincy  Adams 91 

Mr.  Seward's  Eulogy 91 

Mr.  Seward  as  an  Advocate 92 

Practice  at  the  Bar 92 

Patent  Causes 92 

Extract  from  Argument 92 

Capital  Trial  at  Cooperstown 96 

Fugitive  Slave  Trial 96 

EulWy  on  O'Connell 98 

The  Wyatt  and  Freeman  Cases 99 

Massacre  of  the  Van  Nest  Family. . .  99 

Trial  of  Freeman 102 

Extract  from   Mr.  Seward's  Argu 
ment 107 

Sentence  of  Freeman Ill 

New  Trial  granted 112 

Death  of  Freeman 112 

Change  in  Public  Opinion 113 

Review  of  the  Case 113 

The  Trial  of  Abel  F.  Fitch  and  oth 
ers  for  Conspiracy  at  Detroit  in 

1851 115 

Mr.  Seward's  Defence 116 

Extract  from  his  Argument 116 

His  Views  of  Libel  Suits 119 

Mr.  Seward  recalled  to  Public  Life.  120 

Retrospect 120 

Organization  of  the  Native  Ameri 
can  Party 120 

Mr.  Seward's  Course 121 

Annexation  of  Texas 121 


INDEX. 


433 


PAGE. 

MEMOIR — 

Hunkers  and  Barnburners 12 

Constitutional  Convention,  1846 122 

Prudential  Election,  1848 122 

His  Speech  at  Cleveland 123 

The  Whig  Platform  in  1848 124 

Freedom  and  Slavery 126 

President  Taylor 131 

Mr.  Seward  elected  Senator 131 

His  Relations  with  General  Taylor.  132 

The  Higher  Law 133 

The  Compromises 135 

Freedom  in  District  of  Columbia...  136 

French  Spoliations 136 

The  Public  Lands 136 

Kossuth 137 

Smith  O'Brien 137 

Thomas  F.  Meagher 137 

Freedom  in  Europe... 137 

American  Steam  Navigation 138 

American  Fisheries 138 

Agricultural  Address 138 

The  Presidential  Election  of  1852...  141 
Review  of  the  Slavery  Contest  otl850  141 

General  Taylor's  Position 142 

Mr.  Se ward  supports  it 142 

Denounced  a*  an  Agitator 143 

The  Fugitive  Slave  Bill 144 

The  Compromises 145 

Death  of  President  Taylor 145 

Mr.  Fillmor«''s  Course  and  Coalition 

with  the  Democrats 146 

Franklin  Pierce. 147 

General  Scott. 147 

Millard  Fillmore 147 

Daniel  Webster 147 

Platform  for  Slavery 147 

Mr.  Webster'u  Course 148 

Election  of  Franklin  Pierce 148 

Defeat  of  General  Scott. 149 

Thirty-Second     Congress,     Second 

Session,  1852-'53 150 

John   Quincy  Adams   and  General 

Cass 150 

Annexation  of  Cuba 155 

Extract  from  Mr.  Seward's  Speech 

on  Railroad? 15f 

Texas  and  her  Creditors 15$ 

The  Destiny  of  America 15i 

Address  before  American  Institute.   15t 

Eulogium  on  James  Tallmadge 158 

Thirty-Third  Congress 161 

m         Nebraska 161 

Introduction  of  the  Nebraska  Bill  by 

Mr.  Dougla? 165 

Fruit  of  the  Compromise  Measures 

of  1850 162 

Mr.   Seward's  Letter  to  the   New 

York  Merchants 14 

Hi-  Second  Nebraska  Speech 166 

His  Speech  on  the  Reception  of  a  Re 
monstrance  from  3050  Clenrymen.  168 
Review  of  Mr.  Seward's  Course  in 

the  S.-nate 19 

Eulogium  on  Henry  Clay 19 

Eulogium  on  Daniel  W.-b-'er 19 

His  Relations  to  th->  Whit:  Tarty  and 
to  Mr.  Fillrnoiv's  AiliiiuiUtrution.   19 

MessaErs.  Animnl 17 

Mexican  Relations 15 

Mexican  War 12 


PAGE. 

Jidiignn  Railroad  Company 115 

Hliria  Reforms 36,307 

tiller,  Elijah 25 

lilnor,  James 119 

IISCELLANEOUS  (Selections)— 

The  American  People,  their  Moral 

and  Intellectual  Development 201 

Insanity — Defence  of  Freeman 295 

Insanity,  some  of  its  Causes  and  Cir 
cumstances 299 

The  W rones  of  the  Negro 302 

The  Indians— Speech  of  Onondaga 

Chief— Governor  Seward's  Reply.  304 
Letter  to  Colored  Citizens  of  Albany  306 
The  Militia  System:  Reforms  Pro 
posed 307 

The    Public    Domain — The  Home 
stead  Principle 309 

The  Whig  Party 313 

The  Albany  Regency  in  1824 314 

Secret  Political  Societies 317 

Relief  of  the  Indigent  Insane 317 

The  True  Basis  of  American  Inde 
pendence 320 

Peace 324 

Missouri  Compromise 30,  32,  147,  162 

Moderation  recommended. 273 

.lonroe  Doctrine,  The 150 

Monroe,  James 150 


Morris,  Robert  H 84 

Mutual  Rights  of  Nations 221 

Nashville  Convention 142 

National  Domain,  Uses  of. 254 

National  Republican  Party 33 

Native  American  Party 120,  229 

Navigation,  Steam 138 

Nebraska  and  Kansas 147,  162,  223,  351 

Negro,  The  Wrongs  of  the 302 

New  Jersey,  Seward  Family  in, 13 

New  Mexico 133,162 

New  York  Letter,  Nebraska 164 

New  York  and  Massachusetts 195 

New  Territories,  Slavery  in 255 

Northup,  H.B 83 

Northup,  Solomon 83 

Notes  on  New  York 59 

Nott,Dr 24 

O'Brien,  Smith 137 

Oceans,  Arctic  and  Pacific,  Survey  of...  138 

O'Connell,  Daniel 98 

Officers,  State,  and  Slaves 82 

Ohio,  Letter  to 273 

Ohio,  Speeches  in 123,  32" 

Onondaga  Indians,  Speech  to 304 

Orange  County,  its  History 17 

Oration  at  Columbus 158,  327 

Orations  and  Speeches  (see  Addresses)..  325 
Oregon  Question,  The 121 

Pacific  Ocean,  Survey  of. 138 

Pacific  Railroad 75,  155,  289 

Pardon  Cases,  Interesting. 76 

Party,  The  Democratic 29 

Party.  The  Whig 39,  49,  51,  313 

P.'ace ! 324 

Pennsylvania,  Speeches  in. 123 

Petition,  Right  of. 147 


434: 


INDEX. 


PAGK. 

Phi  Beta  Kappa  Society. 169 

Philosophy,  Political 331 

PifM-ce,  Franklin 147 

Platforms,  Political *147 

Politics  and  Slavery 29,  51 

Prejudices  against  Improvement 192 

Presidential  Elections 88,  121,  141,  147 

Proviso,  Wilraot 123 

Public  Faith 276,  351 

Public  Lands 136,161 

Public  School  Society 215 

Quebec  and  Montreal 140 

Question,  The  Nebraska..  147,  162,  223,  351 

Question,  The  Oregon 121 

Question.The  Slavery,  and  Compromises  270 
Quincy,  Josiah 292 

Railroads  advocated 73,  156 

Railroad,  New  York  and  Erie..  36,  49,  73,  187 

Hudson  River 74 

Ogdensburgh 73 

Pacific 75,155,289 

Albany  and  Boston 195 

Iron  Duties 156 

Rathbun's,  Benjamin,  Case 77 

Recaption  of  Fugitives 240 

Reciprocity  Treaty 168 

Reforms  advocated 36,  53,  62,  307 

Registry  of  Voters 63,  81 

Relief  for  the  Indigent  Insane 317 

Religious  Intolerance 227 

Repeal  of  Slavery  Laws  in  New  York..     82 

Republics  and  the  Bible 2'0 

Right  of  Petition 22:* 

Rome,  The  Example  of. 33!) 

Riiggles,  Samuel  B 69 

Rutland,  Address  at 138 

Sabbath  School  Address 204 

Sackett.  Gary  V 61 

School  Controversy  (see  Education) 55 

Scott,  General 147,  150 

Secret  Societies,  Political 317 

SELECTIONS— 

Internal  Improvements 192 

Education 200 

Freedom 219 

Commerce 276 

Miscellaneous 291 

Senate,  The  New  York 34 

Senate,  The  United  States 168 

Seward  Family,  The 13 

Seward,  John 13 

Seward,  Samuel  S 14 

SKWARD,  WILLIAM  II.  (see  MEMOIH)...     17 

Sherwood,  Luman 106 

Shields,  Senator 366 

Sidney,  Algernon 271 

Slavery... '21,  30,  82,  123,  131,  141,  145,  219, 

----- -' 238,  255,351 

Slave  Law,  Fugitive 96,  144,  240,  243 

Slave  Laws  of  1850 141,  162 

Smith,  Gerritt 51 

Smith,  Truman 163 

Societies,  Secret  Political 317 

South,  The 21 


PAGE. 

Speeches  (see  Addresses) 175 

Spencer,  John  C 28,  34,  72 

Spencer,  Joshua  A 28,  67 

Spoliations,  French 276 

Springfi.-ld  Address 195 

States,  New  Slaveholding 249 

States,  The,  and  the  Union 317 

Steam  Navigation,  American 277 

Sumner,  Charles 163 

Suspension  of  Public  Works 71,  81,  192 

Tallmadge,  James 158 

Talhnadge,  N.  P 41 

Taylor,  General 122,  131 

Taylor,  General,  His  Death 145 

Territories',  Slavery  in..... 255 

Texas,  Annexation  Of. 88 

Tompkins,  Daniel  D. 24 

Tracy,  Albert  H 28 

Unconstitutional,  Fugitive  Laws  243 

Underwood,  Senator 225 

Union,  The 142,  ....317 

Union  College 19 

United  States  Bank 38 

Universal  Education 36,54,200 

Universal  Suffrage 122,  226 

Uses  of  the  National  Domain 254 

Utah  and  New  Mexico 162 

Van  Buren,  Martin 31,  43,  65 

Van  Buren.  John 102 

Van  Rensselaer,  Stephen 60 

Vermont,  Visit  to 138 

Veto,  The  President's,  of  Insane  Bill..,.   317 

Virginia  Case,  The 84 

Virginia,  Slavery  in   270 

Virginia,  Seward  Family  in 13 

Void,  Fugitive  Laws 243 

Wade,  Senator 163 

Warwick,  Town  of 18 

Washington,  Gen.,  and  Col.  Seward 13 

Washington's  Neutral  Policy 137 

Webb,  James  Watson 79 

Webster,  Daniel  65,72,130.147,169,249,313,367 

Webster,  Noah 19 

Weed,  Thurlow 34,  8l 

Whale  Fisheries,  The 283 

Whig  Convention,  1852. 147 

Whig  Party,  Origin  of. 39,  313  « 

Whig  Party,  Triumph  of 51 

Whiting,  Judge 112 

Whittlesey.  Frederic 34 

Wilkin.  Samuel  J 18 

Wilkins,  Catharine,  Pardon 78 

Wilmot  Proviso 123,  141 

Wirt,  William,  and  the  Presidency 40 

Wright,  David 104 

Wright,  Silas,  Governor 101 

Wrongs  of  the  Negro 302 

Wyatt,  Henry,  Case  of 99 

Wyckoff,  Mrs 100 

Yale  College  Address 169;  291 

Young  Men's  Convention .'    33 


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